The High Court has held that inter-solicitor correspondence about the possibility of engaging in ADR was not properly to be regarded as “without prejudice” (WP) despite being marked as such. The court could therefore have regard to it in considering the appropriate costs order following judgment: Jones v Tracey [2023] EWHC 2256 (Ch). The decision illustrates … Read more

In a recent report, a Civil Justice Council (CJC) working group has recommended substantial changes to the regime of pre-action protocols (PAPs) which parties are expected to follow before civil proceedings are commenced in the English courts. The thrust of the proposals is to give PAPs more “teeth” by: making their requirements mandatory and formalising … Read more

The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in the County Court.  All parties in cases allocated to the Small Claims track (ie most claims valued below £10,000) will be required to attend a free mediation appointment with a … Read more

A new procedure has been introduced in the Employment Tribunals of England and Wales allowing judges in complex claims to require the parties to participate in an ADR process. The process is akin to judicial Early Neutral Evaluation (ENE), in which a judge not involved in the case gives the parties a non-binding opinion as … Read more

Paulino Fajardo, Herbert Smith Freehills’ Head of Disputes for the EMEA region, has been awarded the prestigious Barakah Award (Europe category) 2023 for outstanding contribution to the field of mediation. A partner in our Madrid office, Paulino is dual qualified in England and Spain and is a leading practitioner in international litigation and arbitration, particularly … Read more

Just over two months after the announcement that the UK would join the Singapore Convention, the UK government has now taken the first step by signing the Convention. The signing in New York happened with little fanfare but is a welcome confirmation of the government’s commitment. The domestic implementing legislation and court rules now need … Read more

The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that oblige parties to engage in an ADR process before commencing proceedings. Of particular interest is the court’s discussion of what remedy is appropriate where such a clause is enforceable and has been breached by a … Read more

Following the UK government’s announcement last week that it will sign and ratify the Singapore Convention, many UK and foreign businesses are now turning their minds to what that means for international commercial disputes with a UK connection. The UN Convention on International Settlement Agreements Resulting from Mediation establishes a global framework for the direct … Read more