Jul 30, 2021
This is my civil litigation update for July 2021. It is produced in a personal capacity and not sent on the behalf of the Law Society nor in my capacity as a Council or Committee member. I can report that the Guideline Hourly Rates final report has been published. I...
Jul 12, 2021
The Civil Justice Council has today published a paper suggesting that parties could be compelled to mediate. This has been a long running debate, with people arguing that forcing people to mediate is a step too far. Mandatory (alternative) dispute resolution is lawful...
Jul 1, 2021
The important thing is not how a bridge is built or what material it is built from as long as it works. With mediation we build bridges between parties based upon common interests.
Jun 23, 2021
This is my civil litigation update for June 2021. It is produced in a personal capacity and not sent on the behalf of the Law Society nor in my capacity as a Council or Committee member. Guideline Hourly Rates Over the past year I have represented Defendant Solicitors...
Jun 22, 2021
We always recommend mediating or at least making an offer to settle a case. Offers made under Part 36 can result in the opponent having to pay costs even if they succeed, if they fail to beat the offer. In some respects the Part 36 rules turn litigation into a game of...
Jun 2, 2021
The Courts have made it clear in two recent cases that they support alternative dispute resolution and a party who refuses to mediate or use ADR is always at risk of being penalised in costs. This happened in a recent case reported in the Law Society Gazette in which...