Litigation Notes

Publication of Law Over Borders Commercial Litigation Guide

Refusal to mediate was not unreasonable and did not warrant costs sanction

It was important to consider the full background of discussions between the parties in considering reasonableness.

Litigation developments: England and Wales – Quarterly update

Court of Appeal finds expert's determination was not manifestly in error

Litigation developments: England and Wales – Quarterly update

Ministry of Justice consults on implementation of Singapore Convention on international mediated settlements

Views are sought on how the Singapore Convention could be implemented and operate in the UK.

High Court finds parties not bound by expert determination which contained manifest errors

High Court orders commercial parties to mediate shortly before trial

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

The without prejudice rule: High Court finds there is no separate "mediation privilege"

The decision also proposes modest expansions to two key exceptions to the without prejudice rule

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

The Court of Appeal has overturned a trial judge's refusal to impose costs sanctions on a party who failed to respond to an offer to mediate, where …

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 …