ADR

NHS implements “novel protocol” to speed mesh implant claims

surgeons

The NHS has adopted what has been described as “a novel protocol” to deal with medical negligence cases involving traumatic complications following mesh implant surgery, in anticipation of further legal claims. The protocol concerns claims relating to pioneering operations carried out privately.

April 17th, 2018

NHS Resolution calls for compulsory ADR before issue and “cards on the table” from claimants

surgeons

Parties should be required to engage in a form of alternative dispute resolution (ADR) before the issue of proceedings, NHS Resolution has argued. It also “strongly” advocated the disclosure of liability and quantum reports prior to issue.

February 6th, 2018

“World first” online arbitration platform launches

cloud computing

An online platform, described by its creator as “the only one in the world” to allow arbitrations to be conducted entirely on the internet, has launched with a pilot personal injury scheme. The platform, eARB, is handling over 20 cases as part of a pilot scheme developed by the Personal Injury Claims Arbitration Service.

January 5th, 2018

Press regulator backs low-cost arbitration in “access to justice” bid

News of the World

A voluntary newspaper regulator yesterday launched a dispute resolution scheme that requires an up-front payment of just £50 to kick off a legal claim, with a further £50 payable only if the case goes to final ruling. The scheme was set up by IPSO, the Independent Press Standards Organisation, created in the wake of Lord Justice Leveson’s  inquiry to replace the Press Complaints Commission.

November 28th, 2017

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer

Sir Terence Etherton

The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council said today, but it stopped short of calling for the introduction of compulsory ADR. However, a minority of members on the expert working group behind the report did back compulsion.

October 17th, 2017

QC proposes ‘no disclosure’ rule for arbitrations

Peter Rees QC

Arbitrations should begin with a default position of no disclosure of documents, a leading QC has argued. Peter Rees QC said for many disputes, each side had “all the documents it needs” and disclosure was a “time-consuming and expensive luxury”.

July 21st, 2017

Appeal court judge outlines hesitation at penalising parties who shun mediation

Courthouse

Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested. The comments by Lord Justice Patten fly in the face of the generally harder line taken in recent times by the senior courts on those who unreasonably refuse to mediate.

May 25th, 2017

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

Blog

Three’s a crowd – who pays?

Matthew Pascall 2

In September 2014 a UKIP MEP, Jane Collins, gave a speech at UKIP’s annual conference slandering three Labour MPs. The following month, a letter of claim on their behalf was sent to Ms Collins. It contained an offer of settlement under which Ms Collins would pay each £10,000 in damages, which they would then pay to charity. UKIP’s National Executive Committee discussed the letter of claim that month and referred Ms Collins to solicitors, RMPI, with whom UKIP had close ties. No settlement having been agreed, in November 2014 the three MPs issued claims against Ms Collins. Temple Legal Protection insured the MPs’ claims.

May 16th, 2018

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