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11 August 2023
Issue: 8037 / Categories: Legal News , Property , ADR
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NLJ this week: Advantages of compulsory arbitration in landlord-tenant disputes

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Is compulsory arbitration coming in landlord and tenant disputes? Edward Peters KC and Kavish Shah, barristers at Falcon Chambers, share their views in this week’s NLJ, as part of an ADR special focus

Peters and Shah write that the mandatory arbitration procedure for commercial leases that was introduced during the COVID-19 pandemic could provide a blueprint. One advantage is that arbitrators would need to have specialist expertise. The authors write that arbitrators in agricultural disputes, for example, would be appointed by specialist bodies, ‘ensuring that the person who is deciding such disputes comes to the dispute with an existing body of specialist knowledge. There is no doubt this can help facilitate the efficient, expeditious, cost-effective and just resolution of such disputes’.

Moreover, the benefits could reach beyond the parties involved, since compulsory arbitration would likely reduce the strain on the court system and save public resources. 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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