ADR Notes

Offers to mediate: It is not the offeror's responsibility to chase a response

Proposed rule changes regarding the court's power to compel ADR

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

The High Court disallows a substantial proportion of a successful defendant’s costs on the basis of an unreasonable refusal to mediate

In Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020) (Wales), the High Court (the …

Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR

The High Court has imposed indemnity costs in two recent cases (DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and …

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …

UK: New ADR service for costs disputes

The Association of Costs Lawyers (ACL) has launched an ADR service dedicated to the resolution of costs disputes.  The service, …

UK: Further guidance on when refusal to mediate may attract costs sanctions

A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it …

Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles

The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  …

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …