Jul 25, 2023
The MOJ has confirmed compulsory mediation in small claims cases. Whilst this is a step in the right direction, it remains to be seen how this expansion of the free small claims mediation service will be funded and what standards will apply to the mediators....
Jul 24, 2023
It is clear that disputes over wills are increasing. This Daily Mail article gives some useful advice about how to avoid them including talking about wills when still alive. How to avoid a will dispute ...
Jul 17, 2023
The case of Churchill v Merthyr Tydfil is still on its way to appeal, to decide whether a Claimant should use a Council’s internal complaints process before starting proceedings. In the meantime another Court has found that students in a group action against a...
Jul 14, 2023
It is well established that a refusal to mediate can lead to an adverse costs order but it is not inevitable- it is in the discretion of the judge. In the case of Ineos Upstream Ltd & Ors v Boyd & Anor (Re Consequential Matters) [2023] EWHC 1756 (Ch) (14 July...
Jul 14, 2023
In this article we look at what to do about finances if you aren’t married and split up. At ProMediate we mediate a lot of different types of dispute, including inheritance and workplace but we are also seeing an increase in TOLATA claims between unmarried couples...
Jul 14, 2023
At ProMediate our mediators deal with a wide range of disputes including contractual disputes, wills and probate, inheritance, property disputes and workplace. Independent mediation can be a cost effective way of sorting issues out. One of the issues we frequently...
Jul 10, 2023
Mediation is well suited to inheritance act and contentious probate claims. Costs can be high in these sorts of cases. Another claim regarding an estate has resulted in what have been described as “ruinous” legal costs. We always recommend mediation in such cases,...
Jul 7, 2023
A recent case has got me thinking, can a party make a part 36 offer and refuse to mediate? Normally refusal to mediate would be unreasonable conduct but what if a party refuses to mediate but beats a part 36 offer? Can the other party argue the normal part 36 rules...
Jul 5, 2023
We reported a case recently where the judge refused to apply part 36 consequences where a Claimant had made a part 36 offer close to the whole of the claim amount. In two other recent decisions the Court has affirmed this approach. In Yieldpoint...
Jul 4, 2023
Another claim regarding an estate has resulted in what have been described as “ruinous” legal costs. We always recommend mediation in such cases, even if they reach the Court of Appeal, as this case did. Morton & Anor v Morton [2023] EWCA Civ 700 (20 June...
