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Showing 60 out of 71 results
Failure to engage with ADR proposals: 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 …
Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle
The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of …
Jackson ADR handbook published today
The "Jackson ADR Handbook" has been published today pursuant to Lord Justice Jackson's recommendation for publication of an authoritative mediation …
Court of Appeal suggests rethink of prohibition on court-ordered compulsory mediation
The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a …
Court of Appeal guidance on assessing reasonableness in attempts to mediate and negotiate
The English Court of Appeal has given guidance on the issues a court should address when assessing the reasonableness of a successful party’s refusal to …
Our new Practical Guide to Mediation
Herbert Smith Freehills has published a simple guide to the mediation process and what to expect on the day, including a useful flow chart: …
High Court declines to impose costs sanctions for refusal to mediate
In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on …
Launch of our new ADR blog: "ADR notes"
We have today launched Herbert Smith Freehills' new "ADR notes" blog, which you can find at www.hsf-adrnotes.com or via the link in the …
Webinar alert: pre-action strategy
On Tuesday 29 May (12:45 to 1:45 UK time) John Ogilvie, Matthew Bonye and Alex Oddy will present a live audio webinar on pre-action …
Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court's discretion on costs, holding that a …
Lord Justice Jackson emphasises role of ADR in resolving disputes
One of Lord Justice Jackson’s recommendations, in his January 2010 report on civil litigation costs (click here for a summary of the key recommendations …
Recent case law on expert determination
There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three …
Showing 60 out of 71 results
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