May 18, 2016
High speed broadband – a new right likely to bring new claims? Under the Queen’s Speech families will get the right to automatic compensation if their broadband fails. Ofcom, the industry regulator, will also get an automatic right to force broadband...
May 18, 2016
ProMediate has mediators who deal with personal injury/RTA/clinical negligence claims. We are carrying out a short survey (2 questions) as to the use of ADR by practitioners in this area and whether this will increase in future. We should be grateful if you could...
May 18, 2016
Here is another sorry tale about disappointed litigant who fought and lost, which serves as a salutory lesson. It is not known whether the parties mediated but as an arbitrator it must be galling for Mr Griffiths QC to lose a case such as this. Mr Griffiths, a...
May 17, 2016
We have previously written about the release of unknown claims when settling a case at mediation. Some parties try to add in a clause that reads “in full and final settlement of all claims known and unknown” The Court has to compare the release against the...
May 17, 2016
It is a truth universally acknowledged that it is difficult to predict outcomes in litigation and this is demonstrated by the cases that proceed to trial with both parties convinced in the merits of their own cases. It is not scientific. One party has to lose in the...
May 12, 2016
The Enterprise Act gained Royal Assent on 4 May. http://www.legislation.gov.uk/ukpga/2016/12/contents/enacted BIS have started the implementation process which will include consulting on, preparing and laying secondary legislation (see the final Act for more...
May 11, 2016
CEDR has published the results of its annual survey of mediation. The mediation market is worth at least £26.5 million per annum. The value of cases totals over £10.5 billion and saves business £2.8 billion per annum. The results show that 86% of cases settle through...
May 11, 2016
We heard today at the CMCL conference from Geoff Sharp from New Zealand about the role of mediation following the earthquake. Mediation has had a vital role in resolving complaints and claims by policyholders, including the Church, regarding property damage. It truly...
May 11, 2016
Solicitors brought before professional disciplinary tribunals should be assessed to the civil standard of proof instead of the current criminal standard, according to the Legal Services Board and the Solicitors Regulation Authority (SRA). We would recommend that...
May 10, 2016
We are certified to deal with complaints by consumers against businesses through the EU Online Platform that all UK businesses are required to signpost to on their websites even if they don’t want to use ADR. This leads to confusion for consumers. Sadly that...
