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...
Apr 14, 2023
It has been announced that the fixed costs regime will be extended to claims over £100,000 except personal injury claims from October 2023. When costs that are recoverable are limited we consider it likely that parties will be more willing to settle because otherwise...
Apr 11, 2023
Mediation – Abu Dhabi In a recent case in Abu Dhabi, the Court emphasised the importance of mediation in commercial disputes. in this commercial case AC Network Holding Ltd & Ors v Polymath Ekar SPV1 & Ors [2023] ADGMCFI 0008 (07 April 2023) the judge...
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:...
