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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 …
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
Showing 6 out of 6 results
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