Aug 5, 2021
A judgment in a costs case, Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) found that a settlement agreement finalised after acceptance of a Part 36 offer took precedence over the provisions of Part 36. This is perhaps not surprising but...
Aug 4, 2021
A recent survey found that in 2020, there were 299,077 noise and statutory nuisance complaints filed across the country, a 28 per cent increase on the yearly average. The North West had the biggest increase, rising from 23,338 complaints in 2019 to 32,792 in 2020 – a...
Aug 3, 2021
The MOJ has launched a Call for Evidence is seeking evidence on Dispute Resolution from all interested parties, the judiciary, legal profession, mediators and other dispute resolvers, academics, the advice sector, court users. They are particularly interested in...
Aug 2, 2021
https://www.gov.uk/guidance/a-guide-to-civil-mediation
Aug 1, 2021
The Government has indicated that it intends to examine radical new ways to mainstream ADR for all types of disputes including consumer disputes, so it is no longer viewed as an “alternative” to court but operates as an integrated part of the justice system. Peter...
Jul 30, 2021
This is my civil litigation update for July 2021. It is produced in a personal capacity and not sent on the behalf of the Law Society nor in my capacity as a Council or Committee member. I can report that the Guideline Hourly Rates final report has been published. I...
Jul 12, 2021
The Civil Justice Council has today published a paper suggesting that parties could be compelled to mediate. This has been a long running debate, with people arguing that forcing people to mediate is a step too far. Mandatory (alternative) dispute resolution is lawful...
Jul 1, 2021
The important thing is not how a bridge is built or what material it is built from as long as it works. With mediation we build bridges between parties based upon common interests.
Jun 23, 2021
This is my civil litigation update for June 2021. It is produced in a personal capacity and not sent on the behalf of the Law Society nor in my capacity as a Council or Committee member. Guideline Hourly Rates Over the past year I have represented Defendant Solicitors...
Jun 22, 2021
We always recommend mediating or at least making an offer to settle a case. Offers made under Part 36 can result in the opponent having to pay costs even if they succeed, if they fail to beat the offer. In some respects the Part 36 rules turn litigation into a game of...
