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04 December 2024
Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"
Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.
01 November 2024
The without prejudice rule: High Court finds there is no separate "mediation privilege"
The decision also proposes modest expansions to two key exceptions to the without prejudice rule
10 June 2024
Offers to mediate: It is not the offeror's responsibility to chase a response
The Court of Appeal has overturned a trial judge's refusal to impose costs sanctions on a party who failed to respond to an offer to mediate, where …
26 April 2024
Proposed rule changes regarding the court’s power to compel ADR
The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power …
08 March 2024
High Court refuses to stay proceedings commenced in breach of valid ADR clause
The High Court has exercised its discretion against ordering a stay of proceedings that had been commenced in breach of a clause which obliged the …
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