“A wealthy family seems to be ‘tearing itself apart’ in a legal battle which has already cost more than £700,000, a High Court judge has said.”
The Independent, 15th November 2013
Source: www.independent.co.uk
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“Dozens of centres designed to help couples split up amicably are in danger of closure.”
BBC News, 19th October 2013
Source: www.bbc.co.uk
“Solicitors and consumer representatives have come out on opposite sides of the Legal Ombudsman’s (LeO) proposal to extend its remit to the estimated 130,000 unregulated legal services providers operating in England and Wales.”
Legal Futures, 2nd October 2013
Source: www.legalfutures.co.uk
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
“Government attempts to promote mediation as an alternative to expensive courtroom divorce and custody battles are failing, according to figures obtained through freedom of information requests.”
The Guardian, 30th September 2013
Source: www.guardian.co.uk
“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”
Law Society’s Gazette, 24th July 2013
Source: www.lawgazette.co.uk
“A solicitor cannot be held responsible if parties to mediation do not immediately reach a final binding agreement, the Court of Appeal has confirmed.”
OUT-LAW.com, 24th June 2013
Source: www.out-law.com
“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”
Litigation Futures, 19th June 2013
Source: www.litigationfutures.com
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.”
Family Law Week, 7th June 2013
Source: www.familylawweek.co.uk
“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”
The Independent, 11th June 2013
Source: www.independent.co.uk
“Fees will be introduced for workers wishing to raise a claim in the Employment Tribunal from 29 July 2013. Procedural rules governing the process will also change from that date.”
OUT-LAW.com, 5th June 2013
Source: www.out-law.com
“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”
Legal Futures, 4th June 2013
Source: www.legalfutures.co.uk
“City lawyers have warned that London’s status as an international litigation centre will come under threat should the Government push ahead with proposals to privatise the courts service.”
Legal Week, 31st May 2013
Source: www.legalweek.com
“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”
Full story (PDF)
4 New Square, 14th May 2013
Source: www.4newsquare.com
“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”
OUP Blog, 27th April 2013
Source: www.blog.oup.com
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