Feb 22, 2022
The Court has once again highlighted the importance of ADR or mediation in disputes about wills and probate. The case was that of Rea v Rea [2021] EWHC 893 (Ch) This was a second appeal against a decision of Deputy Master Arkush (the “Deputy Master”) given...
Dec 7, 2024
Settling Inheritance Disputes Through Mediation: A Smarter Solution Inheritance disputes are on the rise, often creating financial strain and emotional turmoil. Fortunately, mediation offers a more effective way to resolve these conflicts without the prolonged and...
Dec 7, 2024
Case Analysis: Grierson v Grierson [2024] EWHC 3048 (Ch) (27 November 2024) In Grierson v Grierson, the High Court addressed the issue of costs in the context of an inheritance dispute and provided significant insights into the implications of refusing to mediate. The...
Dec 2, 2024
Mediation in Ireland: A Vision for the Future in the UK? In recent years, the UK courts have increasingly embraced changes to encourage mediation and alternative dispute resolution (ADR). Recent amendments to court rules now permit compulsory stays of proceedings to...
Nov 24, 2024
It is reported that there has been an increase in inheritance disputes. There has apparently been a 38% increase in Court orders relating to inheritance cases since 2019. The law states that people can leave their estate to anyone they want. However, under the...
Nov 22, 2024
The whiplash tariff review was published on 21 November 2024. Under the Civil Liability Act, the Lord Chancellor has to set the tariff of damages for whiplash injuries of up to 2 years in duration within three years of implementation. The Lord Chancellor has published...
Nov 22, 2024
The Civil Justice Council has published its second final report on the subject of pre action protocols. The CJC recommends various changes which increase the obligation to try to resolve cases before resorting to the Courts. In particular it is proposed that there be...
Nov 1, 2024
We have completed our annual Reports relating to the ADR/mediations we have carried out. We have not carried out any gambling operator mediations this year. The number of cases we dealt with reduced following Brexit as we used to work for EU gambling operators. In...
Oct 17, 2024
Master Macleod has given her last judgment which may be of long lasting relevance to the world of litigation and ADR/mediation. In case of Charles Elphicke v Times Newspapers (Neutral Citation Number: [2024] EWHC 2595) the judge considered whether there was any...
Oct 5, 2024
As part of my role as a barrister I often have to help tenants making claims for housing disrepair. It is often quite shocking to see the conditions tenants are living in. I also sometimes act for landlords facing such claims so can see things from both sides. In...
Oct 5, 2024
Long awaited changes to the Civil Procedure Rules came into force on 1 October 2024, confirming the English and Welsh civil courts’ power to order parties to engage in alternative dispute resolution (ADR) including mediation. The changes are intended to give...
