High Court overturns costs judge ruling that holiday claimants should have used ABTA mediation scheme
Claimants who litigate instead of using an available ADR scheme are not automatically acting unreasonably, the High Court has ruled. It overturned a costs judge’s decision that holiday claimants should have used the Association of British Travel Agents’ mediation scheme rather than litigate.
The NHS Litigation Authority has included a specialist costs service among the three providers named on its first mediation panel, which began work today. The two-year contracts were said to be worth £160,000 in total during the procurement exercise.
A leading personal injury QC has held “board-level discussions” with claimant and defendant law firms and major insurers about his idea to replace the courts’ involvement in catastrophic personal injury claims with that of a neutral facilitator.
The NHS Litigation Authority has launched a procurement exercise for its first mediation panel, which will look to resolve claims for personal injury and clinical negligence and those arising from claims for legal costs.
It was neither reasonable nor proportionate for a group of claimants to spend £456,000 in base costs alone on litigating holiday claims that could have been dealt with far more cheaply by the mediation scheme run by the Association of British Travel Agents, a costs judge has decided.
The Centre for Effective Dispute Resolution is to push international arbitration after signing a collaboration agreement with the New York-based International Institute for Conflict Prevention and Resolution.
Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.
A way must be found to put into the public domain the decisions of leading ex-judges who are now sitting as arbitrators, the Lord Chief Justice said yesterday. Lord Thomas’s speech coincided with the announcement that the now retired Master of the Rolls, Lord Dyson, was returning to 39 Essex Chambers, where he would act as an arbitrator.
Lord Dyson, who formally retired as Master of the Rolls on Sunday, has rejoined 39 Essex Chambers, which he once headed. He will work principally as an arbitrator in all areas of law but with a particular focus on commercial, public international law and sports law.
The Centre for Effective Dispute Resolution is to run the year-long arbitration pilot scheme for the Independent Press Standards Organisation, the voluntary regulator set up by a host of media organisations in the wake of the Leveson report to replace the Press Complaints Commission.
Proportionality is one of the major issues that we find we are dealing with at the end of a matter, particularly in the small-to-medium-value claims. Why was it introduced? It was considered that the then existing system was not working and that a system needed to be put in place which would “promote access to justice at proportionate cost”. In 2009, Court of Appeal judge Sir Anthony May said: “Assessments which have to concentrate retrospectively on what the winning party has spent will always risk producing a disproportionate result.”