Dispute resolution Definition

GLOSSARY

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What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Ireland—Civil court structure—flowchart

Ireland—Civil court structure—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Ireland. It should be read in conjunction with the

Service of the claim form in England and Wales—flowchart

Service of the claim form in England and Wales—flowchart This Flowchart sets out the steps required to ensure effective service of the claim form in the jurisdiction. It should be read

Internal dispute resolution procedure—what is involved?

STOP PRESS: On 28 March 2024, the Pensions Regulator (TPR)’s new General Code of Practice came into force, through the Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024, SI 2024/431. The General Code merges and updates ten of TPR’s existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say this new format will make it easier for governing bodies to find TPR’s expectations and certify whether they meet them. The ten codes of practice affected are those relating to reporting breaches of the law, early leavers, late payment of contributions, trustee knowledge and understanding, MNTs/MNDs, internal controls, dispute resolution—reasonable periods, DC governance and public sector governance.Among other things, the General Code of Practice includes a module on trustee remuneration and sets out TPR's expectations on administration and maintaining an effective system of governance (ESOG), as required by the Occupational Pension Schemes (Governance) (Amendment) Regulations 2018, SI 2018/1103 (which implement IORP II). Scheme governing bodies will be expected to...

Pension disputes—avenues available to scheme members

Discover our 3083 Practice Notes on Dispute resolution

Ireland—Simple mediation clause

Ireland—Simple mediation clause Nature of the clause This Precedent is a short-form clause for use in a business-to-business (B2B) commercial contract providing for mandatory mediation in the event of a dispute arising out of the agreement. This Precedent clause provides that the parties will seek to settle the dispute. Unlike litigation and arbitration clauses, the purpose of this clause is for the parties to seek to resolve the matter with the assistance of a mediator, but without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which a third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. Mediation is a non-binding dispute resolution process, ie any agreement reached in mediation will only be binding on the parties if they enter into a settlement agreement. Mediation allows the parties a high degree of control compared with litigation and provides a collaborative process for dispute resolution. Further advantages of...

Agreement to extend time for compliance under CPR 3.8(4) (buffer agreement)

Agreement to extend time for compliance under CPR 3.8(4) (buffer agreement) Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST Between [insert name] Claimant and [insert name] Defendant __________________________________________________ Agreement dated [insert date] to extend time __________________________________________________ Whereas [set out details of the relevant rule(s), practice direction(s) and/or

Dive into our 647 Precedents related to Dispute resolution

What will be the applicable limitation period where a settlement agreement is secured by way of a charging order and the debtor under the agreement subsequently defaults on repayment of the debt, which entitles the creditor to immediate repayment of the whole sum, and the creditor now wishes to enforce their charging order?

What will be the applicable limitation period where a settlement agreement is secured by way of a charging order and the debtor under the agreement subsequently defaults on repayment of the debt, which entitles the creditor to immediate repayment of the whole sum, and the creditor now wishes to enforce their charging order? We have assumed that reference is being made to a charging order. When seeking to enforce the charging order it would have been subject to the previous rules in this area (CPR 73 and CPR PD 73 were amended with the changes coming into force on 6 April 2016). Where such orders charge a beneficial interest under a trust in land, the charge is protected by means of a restriction under the Land Registration Act 2002. We also assume that the charging order was validly obtained. If seeking to apply for an order for sale to enforce a charging order made prior to 6 April 2016 you should still follow the regime set out in the amended...

Are there any reported cases concerning the Pre-Action Protocol for Debt Claims which concern the issue of a claim following non-compliance with this protocol or where an alternative protocol has been followed in error?

Are there any reported cases concerning the Pre-Action Protocol for Debt Claims which concern the issue of a claim following non-compliance with this protocol or where an alternative protocol has been followed in error? We have not been able to find any case law on the specific point raised in your query. However, we refer you to the following information which you may find useful. When the Pre-Action Protocol for Debt Claims (the Protocol) applies The Pre-Action Protocol for Debt Claims (in force from 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader (Pre-Action Protocol for Debt Claims, para 1.1). Prior to 1 October 2017, such claims were governed by the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). Claims which fall outside the ambit of the Protocol will continue to be governed by the Practice Direction....

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172nd Practice Direction update—online claims—in force 18 September 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 172nd Practice Direction (PD) update to the Civil Procedure Rules (CPR). The amendments come into force on 18 September 2024. The 172nd PD update contains amendments to CPR PD 51ZB (Damages Claims Pilot) and CPR PD 51R (Online Civil Money Claims Pilot) and both pilots are amended so that (1) existing features of the online pilots known as ‘case progression’ and ‘general applications’ will apply in the County Court at Birmingham, and (2) these two features are more streamlined.

COMBAR publishes annual lecture details for 2024

The Commercial Bar Association (COMBAR) has published the annual lecture details for 2024. The event is set to take place on 22 October 2024. Lord Grabiner KC will deliver the lecture, sharing insights from his 56-year career at the Commercial Bar, drawing on his personal experiences of working with clients. This event is exclusively open to COMBAR and select Society for Behaviour Analysis (SBA) members and pupils, it will take place in-person. The lecture will be recorded.

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