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Don’t follow the crowd! Digital Mediator

Legal Futures has suggested that the new online Court proposal should be made more radical by introducing a new “digital mediation” process. Lord Justice Briggs last month published his interim report on the structure of the civil courts in England and...

No near misses for part 36

There is no longer a “near miss” rule for part 36 offers, appeal judges have made clear as they overturned a High Court decision which seemed to suggest that there was one. Lord Justice Tomlinson said Mr Justice Eder’s decision was “outside the bounds of reasonable...

Litigate Mediate or Both? 8 March round table event at Weightmans

“So……litigate, mediate or both?” A FOIL ADR and Mediation Sector Focus Team Roundtable Discussion 11:00 Tuesday 8th March 2015 Weightmans Exchequer Court, 33 St Mary Axe, London, EC3A 8AA The FOIL Sector Focus Team for ADR and Mediation invites you to join insurers,...

Law Society suggests Legal Ombudsman’s case fees are too high

  The Law Society has called on the Legal Ombudsman to give firms two ‘free cases’ per year, and consider exempting those acting pro bono from paying fees. Previously the ombudsman exempted firms from having to pay fees for the first two complaints it...

Claimants – a small discount can be an effective part 36 offer

  The High Court has awarded a claimant indemnity costs where the defendant conceded liability shortly before a split trial, having previously refused the claimant’s Part 36 offer to accept liability for 95% of damages to be assessed: Jockey Club Racecourse...