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Non disclosure agreements in the spotlight

NDA or not? At the conclusion of a mediation or settlement meeting the parties will often suggest a confidentiality agreement and of course mediation itself is confidential. They are common in commercial cases, for example regarding restrictive covenants. However,...

Taking the blame out of divorce

Laws to enable couples to divorce quickly without a “blame game” are to be introduced within months after overwhelming support from the public. David Gauke, the justice secretary, is preparing a bill that will end the fault-based divorce system.Last year...

Manchester Mediation Pilot continues!

Try the Manchester Mediation Pilot #mediationpilot #mediation it’s quick cost effective and highly qualified mediators involved! The pilot was recently extended and more and more litigants are using it to their advantage, saving stress and time!  ...

It’s election time at the Civil Mediation Council!

 It’s election time at the Civil Mediation Council and I would urge all members to vote for me and ProMediate to be elected to the board. Election Address – ProMediate (UK) Limited ProMediate is an up and coming mediation provider, with a panel of over 30 CMC...

Excessive legal costs in family cases

The decision in Daga v Bangur [2018] EWFC 91 has a salutary tale to tell in relation to costs. The judge said that: “But this tragic and destructive case should stand as a cautionary tale to those who would embark on expensive litigation which they can ill afford in...

Should Ombudsman system be reformed?

The ‘broken’ ombudsman system should be referred to the Law Commission, according to MoneySavingExpert.com. The recommendation comes from the All-Party Parliamentary Group (APPG) on Consumer Protection’s Inquiry into ombudsmen in the UK. MoneySavingExpert...

Deadlock

How to break a Brexit deadlock: ‘keep going, be flexible … and listen’ Whether it be a hijack, kidnap or siege situation, negotiation is an art. Theresa May and Jeremy Corbyn take note Frances PerraudinSat 19 Jan 2019 07.00 GMT Whether it be a...

Litigation Privilege

The recent Court of Appeal decision in WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652 (outlined here) found that litigation privilege applies only to documents created for the dominant purpose of obtaining advice or information/evidence in relation to...

Dr Richard Marks joins ProMediate

We are pleased to announce that Dr Richard Marks has joined the panel at Pro Mediate. Richard is a both a doctor and a trained mediator. He is committed to improving the NHS and patient care, and has a long career in management, training and dispute resolution. He is...

Part 36 10% bonus not guaranteed

Part 36 Awards, the Court can Pick and Choose Master McCloud’s judgment in the matter of JLE (a child) v. Warrington & Halton Hospitals NHS Foundation Trust [2018] EWHC B18 (Costs) will be of great interest to many litigators as it deals with the interpretation of...