May 24, 2016
Time and again, parties end up in financial difficulties because they get involved with legal proceedings over a neighbour dispute, which the Courts have directed is the kind of dispute that benefits from mediation. The latest tale of litigation woe concerns a...
May 24, 2016
Peter Causton of ProMediate will be speaking to an influential group of MPs at the Palace of Westminster on 25 May about consumer ADR alongside Michel Kalipetis, commercial mediator. Peter will be explaining how the ADR Directive is not working very well in...
May 24, 2016
In its response to a consultation on setting up a new property Court, the Civil Justice Council has recommended more flexible deployment of judges in landlord and tenant, housing, property and land registration cases. The working group says that there are a number of...
May 23, 2016
Customers are increasingly turning to social media to post bad reviews about goods or services they have bought, causing damage to businesses’ reputations. We would caution against posting online before first exhausting the complaints process. That avenue may...
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...
