Litigation Notes

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

The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power …

High Court refuses to stay proceedings commenced in breach of valid ADR clause

The High Court has exercised its discretion against ordering a stay of proceedings that had been commenced in breach of a clause which obliged the …

Commercial litigation podcast series – Episode 22: General update

Article published - UK compulsory mediation ruling still leaves courts leeway

The Court of Appeal's landmark judgment in Churchill v Merthyr Tydfil County Borough Council, handed down in late November, established that the courts …

Courts can compel parties to engage in ADR: Court of Appeal finds comments to the contrary in Halsey not binding

In a landmark decision handed down today, the Court of Appeal has held that the court can order the parties to engage in ADR, or stay the proceedings to …

Commercial litigation podcast series – Episode 21: General update

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

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases

The Civil Justice Council (CJC) has issued a report recommending substantial changes to the regime of pre-action protocols (PAPs) which parties are …

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in …

Contractual clauses requiring ADR before litigation – what happens when they are breached?

The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that …

The UK will join the Singapore Convention – so what now?

The UK government announced last week that it will sign and ratify the Singapore Convention, which establishes a global framework for the direct …

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …