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Court should be a last resort

A decision illustrates dangers of not complying with pre-action protocols, which includes mediation and ADR. In Nicole Chapman v Tameside Hospital NHS Foundation Trust (unreported, 15 June 2016) the County Court ordered a defendant to pay the costs of a claimant who...

Mediation and ADR after the Briggs LJ Report. No solutions! A summary

In case readers do not want to read a detailed article about this, here are the main points from a mediator’s perspective: 1. The report recommends reinstating the National Mediation Helpline and After hours court based mediation scheme that was previously...

Settlements induced by fraud can be set aside

The Supreme Court has reversed the decision in eve Hayward v Zurich Insurance Company plc [2016] UKSC 4. What does this mean? It means that anyone who enters into a settlement agreement and later discovers that the claim was fraudulent can escape from the terms agreed...