ADR

Brexit will have “beneficial effect” on arbitration, Lord Chief Justice predicts

Lord Thomas_crop

There is a “strong case” that Brexit will have a “beneficial effect” on arbitration in England and Wales, the Lord Chief Justice has predicted. Lord Thomas said it was “quite wrong” to suggest that Brexit made the law of the UK uncertain, and argued that it “will have no effect on London’s key strengths”.

April 26th, 2017

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

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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