Costs

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the cost consequences of a subsequent settlement: Savings Advice Limited v EDF Energy Customers Ltd … Continue reading

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Filed under Confidentiality and privilege, Costs, Mediation (General), UK

UK: New ADR service for costs disputes

The Association of Costs Lawyers (ACL) has launched an ADR service dedicated to the resolution of costs disputes.  The service, which will initially be limited to mediation, will be provided by a panel of eight mediators, including former Senior Costs Judge Peter … Continue reading

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Filed under ADR, ADR institutions, Costs, Mediation (General), Mediators, UK

UK: Further guidance on when refusal to mediate may attract costs sanctions

A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it otherwise would have been awarded because it was found to have unreasonably refused to engage in ADR (applying the guiding principles … Continue reading

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Filed under Costs, Mediation (General), Refusal to mediate, UK

Failure to engage with ADR proposals: UK 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 principles governing the question of when a litigant's failure to engage in ADR will justify a court … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate, UK

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had already been offered full redress under a formal ADR scheme established in relation to … Continue reading

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Filed under Consumers, Costs, Financial Services, Refusal to mediate, UK

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson’s costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  This has prompted the question whether Precedent H creates a presumption that the costs of a failed or aborted mediation … Continue reading

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Filed under Costs, Mediation (General), UK

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

In a withering attack on what he terms “the emasculation of legal aid” and the inevitable increase in unrepresented litigants in the English courts, Lord Justice Ward in the Court of Appeal has suggested that it may be time to … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate, UK

English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation

In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on the factors to be taken into account when assessing a successful party’s refusal to mediate and general approach to settlement: … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate

Australian Federal Court rules on compliance with “genuine steps” requirement

The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute under the Civil Dispute Resolution Act 2011 (Cth) (the Act): Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] … Continue reading

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Filed under ADR, Australia, Costs, Intellectual Property, Mediation (General)

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson’s proposals, … Continue reading

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Filed under ADR, Confidentiality and privilege, Costs, Government proposals and consultations, Herbert Smith Freehills news, Mediation (General), Mediation Pilot Schemes, UK