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Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR
The High Court has imposed indemnity costs in two recent cases (DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and …
Court of Appeal orders early neutral evaluation despite party objection
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …
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 …
Court of Appeal sends further message on mediation: Don't drag your heels in arranging it
A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them …
UK: Further guidance on when refusal to mediate may attract costs sanctions
A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it …
Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles
The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …
UK High Court claim struck out as full redress was available under an ADR scheme
The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
English High Court defends successful party's refusal to mediate and declines to impose costs sanctions
In ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Court …
Court of Appeal mediation pilot endorsed in Ghaith v Indesit
The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] …
Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a …
Refusal to mediate and effect on Part 36 costs
In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry …
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