Litigation Notes

Article published - Compulsory ADR: a commercial litigation perspective

The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more …

UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September …

Civil Justice Council consultation on changes to pre-action protocols - problematic aspects for commercial litigation

In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil …

Commercial litigation podcast series – Episode 9: General update

Civil Justice Council recommends court-compelled ADR

In a report published earlier this week, Compulsory ADR, the Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the …

Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020

Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its …

High Court disallows substantial proportion of successful defendant’s costs due to unreasonable refusal to mediate

The High Court has disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation: Wales (t/a …

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 as a result of a party’s unreasonable failure to engage in ADR: DSN v Blackpool Football …

Article published - The new Singapore Convention: some practical issues to consider now

As has been well publicised, the new Singapore Convention seeks to establish a global enforcement regime for settlement agreements resulting …

Court of Appeal orders early neutral evaluation despite party objection

The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …

46 countries sign the new Singapore Convention on mediated settlements

The Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was …

Civil Justice Council report on ADR calls for review of Halsey guidelines but stops short of recommending mandatory mediation

The Civil Justice Council's ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report …