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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...

Court rule change – duty to inform Court if case settles.

A little noticed rule change requires parties to notify the Court if they settle their case, although it is not clear what sanctions the Court can actually impose if they fail to do so. Telling the court that a case has settled or been discontinued It has long been a...

Costs in personal injury claims

In a controversial decision at High Court level, the judge decided that in any case, whether personal injury or not (so could be a debt or commercial litigation claim) if a counterclaim is one for personal injury, qualified costs shifting applies and therefore unless...

Civil Justice Council – Alternatives

The Civil Justice Council has published its long awaited report on mediation.   It stops short of recommending compulsory mediation but does make some sensible recommendations designed to increase mediation. This reflects what we are seeing in practice – practitioners...

NHSResolution – Mediation

NHS Resolution has published research on the factors which lead patients to consider a claim for compensation when something goes wrong in their healthcare. Undertaken in partnership with The Behavioural Insights Team (BIT), the research considered the experience...

Should’ve Mediated!

Recent cases which illustrate how massive legal costs can build up and leave one losing party significantly out of pocket: 1. Clive Shaw Has been told he will have to leave his home and will not be allowed to inherit his family’s farm in Lincolnshire because he...