Jun 22, 2023
What happens when parties renege on an agreement reached in mediation? In this case Denny v Babaee & Ors [2023] EWHC 1490 (TCC) (19 June 2023)the Court considered the position: “I turn to the second potential ground for an indemnity costs order. The parties...
Jun 8, 2023
In a recent case concerning a contract, the judge stated as follows: the Order of Mr Justice Adam Johnson dated 2 September 2021 it was ordered that at all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution...
Jun 8, 2023
Answer: why. It is not a genuine offer to settle. claimant who offered to settle by offering just 7p less than the total awarded should not recover the costs benefits of part 36 because that offer was not genuine, a county court has ruled. The judge in Birmingham...
May 28, 2023
In this article we bust some common mediation myths: Mediating is a sign of weakness No, mediating is about having confidence in your case, so much so that you can put your case forward in the mediation and persuade the other party to believe in your case as well. Do...
May 27, 2023
There have not been many cases recently dealing with mediation and so I thought I would explain why it can be a better process than going to Court. Mediation is a type of alternative dispute resolution (“ADR”) that has become increasingly popular recently. It is a...
May 22, 2023
In a recent inheritance act case the Court warned about the risks of litigation when dealing with a low value estate. The case is called Amnir & Ors v Bala & Ors (Rev1) [2023] EWHC 1054 (Ch) (16 May 2023) The Chancery judge began his judgment by saying: What...
May 9, 2023
The government has produced a bill to encourage ADR in consumer contract cases. The new system echos the existing ADR Regulations with businesses being obliged to explain what ADR they use and it is to be free to consumers. oniy ADR providers who are accredited (like...
Apr 21, 2023
The CJC has pubished its draft rules for fixed recoverable costs likely to come into force from October 2023. It is notable that mandatory mediation or integrated mediation is not part of the new rules. However under CPR Part 45 where a party has behaved unreasonably...
Apr 20, 2023
The case of Ascension Asset Management Ltd & Anor v Sky Solicitors Ltd [2023] EWHC 875 (KB) provides a rare insight into what happens in a mediation and issues regarding costs. ...
Apr 19, 2023
Yesterday I presented a talk at the Housing Condition Conference organised by Legal Futures. I was talking about how the MOJ is looking at introducing mandatory mediation to the Court system and expanding the small claims mediation service. In fact there are already...
