ADR Notes

Without prejudice rule: High Court considers the estoppel exception

Without prejudice rule: High Court emphasises narrow scope of exceptions

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK will join the Singapore Convention - so what now?

Herbert Smith Freehills launches new edition of Class Actions in England and Wales

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet …

Brexit: UK unwinds implementation of EU ADR laws

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to …

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to 'unambiguous impropriety'

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a …

Court of Appeal decision endorses broad view of without prejudice protection

The Court of Appeal has held that discussions between a defendant's solicitor and a claimant litigant in person were or ought to have been seen …

UK: Review of ADR in the Chancery Division of the High Court

A review of current practices and procedures in the Chancery Division of the High Court (known as the Chancery Modernisation Review) was …