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ADR
Mediation for clinical negligence claims – an ATE underwriter’s perspective
In reading the legal press over the last year or so, mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some preconceptions on what is undoubtedly a topical subject.
Organised schemes push mediation accelerator
Organised schemes are driving the 20% rise in mediations undertaken in England and Wales over the past year, according to the Centre for Effective Dispute Resolution. CEDR estimated that £11.5bn worth of commercial claims were mediated in the past year.
MASS unveils apprenticeship deal as it collaborates on PI mediation project too
Apprentices at personal injury law firms can now access the Motor Accident Solicitors Society’s diploma as part of their training after the society struck a deal with Damar Training. Meanwhile, MASS has joined forces with APIL and FOIL to create a register for mediators in PI and clinical negligence claims.
NHS implements “novel protocol” to speed mesh implant claims
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.
NHS Resolution calls for compulsory ADR before issue and “cards on the table” from claimants
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.
“World first” online arbitration platform launches
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.
Press regulator backs low-cost arbitration in “access to justice” bid
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.
“ADR is failing” says Civil Justice Council but compulsion is not yet the answer
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.
QC proposes ‘no disclosure’ rule for arbitrations
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”.
Appeal court judge outlines hesitation at penalising parties who shun mediation
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.
Blog
An analogue decision? Google defeats attempt at consumer ‘class action’
In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.
October 18th, 2018
Associate News
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