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Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation
The Civil Justice Council's ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report …
High Court orders indemnity costs following discontinuance of proceedings alleging serious fraud
The High Court has ordered indemnity costs against a claimant who made repeated and serious allegations of fraud against the defendants and then …
Global Pound Conference report published
The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – …
Dispute resolution clauses: Putting yourself in the best position
All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the …
Article published - Alternative dispute resolution 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 …
Global Pound Conference series - new online voting system now open
The Global Pound Conference (GPC) series concluded on 6 July, with the final conference held at the Guildhall in London. This landmark …
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 …
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 …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
Launch of landmark global conference series on the future of dispute resolution
Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious …
ADR for consumer disputes: New obligations on UK traders from 1 October 2015
The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution …
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