Apr 6, 2023
A recent case involving a family property dispute shows what happens when a mediation fails and the parties go on to trial. The case concerned is Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2023/806.html ...
Mar 22, 2023
A report was published yesterday on the Small Claims Mediation Service. The HMCTS opt out mediation evaluation report analyses users’ experience of the SCMS and the impact of offering mediation on an opt-out, rather than an opt-in basis. The evaluation found that:...
Mar 20, 2023
In a recent case Teasdale v Carter & Anor [2023] EWHC 490 (Fam) (07 March 2023) concerning a family dispute over property, relating to a divorce, the judge was unimpressed with the costs expended by the parties, saying that: I have to say that this is one of the...
Mar 18, 2023
Most businesses prefer to avoid the expense of litigation and the Courts are a last resort, so they often include a dispute resolution process in their contracts. In the case of Kajima Construction Europe (UK) Ltd & Anor v Children’s Ark Partnership...
Mar 4, 2023
CEDR published the results of its mediation audit, the 10th last month. This follows a biennial survey of lawyers and mediators. What are the key takeaways? Costs saving CEDR say that since since since 1990 the profession has contributed savings of £50 billion. “By...
Mar 4, 2023
It has been reported that the mediation pilot for rental cases was not successful: in this article we look at the reasons for this According to a review 22 landlord and tenant disputes were referred to the mediation pilot that ran for several months – and only...
Mar 4, 2023
Following a consultation which closed on 1 April 2022, the government has confirmed that it will be signing the Singapore Convention. It says in the response that: “The Government has concluded that it is the right time for the UK to become a Party to the...
Feb 2, 2023
In the case of Morgan Sindall Construction and Infrastructure Ltd v Capita Property and Infrastructure (Structures) Ltd & Anor [2023] EWHC 166 (TCC) (27 January 2023), the Court considered an application by the Defendant to strike out a claim for “warehousing.”...
Jan 4, 2023
In another recent case, the Court urged the parties to save costs and mediate. ( Cumbria Zoo Company Ltd v The Zoo Investment Company Ltd [2022] EWHC 3379 (Ch) (21 December 2022) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2022/3379.html ) As the...
Jan 4, 2023
The recent decision of Von Westenholz & Ors v Gregson & Anor [2022] EWHC 3374 (Ch) (23 December 2022) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2022/3374.html Cite as: [2022] EWHC 3374 (Ch) demonstrates how it can be a lottery whether the...
