All blog posts
Showing 72 out of 79 results
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 …
Government's proposals to encourage ADR in smaller disputes
The government response has been published to its consultation on "Solving disputes in the County Courts: creating a simpler, quicker and more …
European Parliament softens stance on EU class actions
In a resolution adopted on 2 February 2012 in response to the Commission’s 2011 consultation “Towards a coherent European approach to collective …
Class actions: European Parliament sceptical of need for action at EU level
In its draft report published on 15 July 2011, the European Parliament's Committee for Legal Affairs has stated that the Commission has not put forward …
Costs decision from the Court of Appeal in a "sad case about lost opportunities for mediation"
In Rolf v De Guerin [2011] EWCA Civ 78, the Court of Appeal considered an appeal about the costs of a small building dispute, in circumstances where the …
Showing 72 out of 79 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London