ADR

High Court overturns costs judge ruling that holiday claimants should have used ABTA mediation scheme

Beach holiday

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.

March 9th, 2017

NHSLA includes costs specialists on first mediation panel

Tim Wallis

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.

December 5th, 2016

Replace judges with neutral facilitators to handle major personal injury cases, says QC

Bill Braithwaite QC 2

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.

November 10th, 2016

NHSLA set to launch formal mediation panel for injury and costs claims

Helen Vernon NHSLA

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.

October 31st, 2016

Holiday claimants should have used ABTA mediation scheme, says judge as she slashes costs

Beach at Antalya Turkey

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.

October 25th, 2016

CEDR in international arbitration push after transatlantic link-up

Karl Mackie

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.

October 25th, 2016

Defendant penalised after “unreasonably” refusing to mediate costs dispute

ACL Roundtable

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.

October 20th, 2016

Lord Chief Justice: Rulings of judges-turned-arbitrators need to be in public domain

Sir John Thomas

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.

October 5th, 2016

Dyson heads back to old chambers as Etherton becomes new MR

Lord Dyson

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.

October 4th, 2016

CEDR to run press arbitration scheme

newspaper stack

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.

August 8th, 2016

Blog

Proportionality – not just a matter for detailed assessment

Stack of documents and papers

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.”

March 29th, 2017

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John M Hayes

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