May 30, 2016
The BBC has reported that a consultant doctor has expressed the view that more disputes between patients and doctors could be dealt with through mediation. Everyone has heard of the case of Ayasha King, for example, when a disagreement over treatment of a brain tumour...
May 29, 2016
Very few people, with the exception perhaps of litigation lawyers enjoy litigation. The Court of Appeal recently issued a consultation because it is struggling to get through the backlog of cases. Is the answer more ADR earlier on in the process? For example, in small...
May 27, 2016
Zurich Insurance v Hayward will be heard on 16 June. The key question is whether a settlement can be reopened, and money recovered, by the insurer because subsequent evidence led it to realise that the claimant was fraudulent to a far greater extent than suspected at...
May 26, 2016
Yet another example of a case that should have mediated is that of Heaney v Kirkby, which concerned the ownership of a 32 metre grass verge. The epic legal battle over a strip of land ended in the Court of Appeal with Mr Heaney being left facing a bill estimated at...
May 26, 2016
A recent High Court case demonstrates the risk inherent in issuing proceedings without the intention of pursuing them, for tactical reasons. Quite apart from the increased cost of the Court issue fee, as soon as the claim form is issued the claimant may become liable...
