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Green Paper on Consumer ADR on hold

The Green Paper on consumer ADR has fallen victim to the election. BEIS had conducted a review but the paper is now on hold. Ultimately the decision on policy rests with Ministers but BEIS were considering whether there had been a reduction in the standard of ADR on...

Interesting decision on interest for failing to beat part 36 offer

OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 Part 36 offers are an essential part of any litigator’s armoury. A Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers. The Court of Appeal...

Setting aside settlement for fraud

  Takhar v Gracefield Developments Ltd and others [2017] EWCA Civ 147. The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud in a decision that equally applies to settlements...

Should’ve mediated – the architect who worked for free

  The Court of Appeal has sent a strong signal to any professional doing work for free as a favour-beware! An Architect who landscaped her friends’ garden at their £5million mansion for free must pay them £265,000 after they sued her because they...

Settlements/cases of the week

Not more than a model The Daily Mail and Mail Online will pay damages to settle a libel claim brought by the US first lady, Melania Trump, over completely false claims about her work as a professional model. An agreed statement was read out to Mr Justice Nicol in...

Adversarial Culture leads to Conflict

  Is it time to change the culture in the UK from adversarial to consensual or collaborative? We see in every arena an argumentative culture of blame exacerbated by the system which encourages it. In the family arena, the divorce system encourages conflict and a...