Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider a more flexible bespoke protocol for commercial cases

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

Compulsory ADR: A commercial litigation perspective

Over the past year, both the civil judiciary and the Ministry of Justice have made clear their shared policy aim of bringing about a paradigm shift in the civil justice system, to one in which ADR is embedded into court procedure and culture at all stages of the process (see, for example, here and here).  … Read more

Civil Justice Council proposed reforms to pre-action protocols include controversial ADR provisions

Recent Civil Justice Council proposals for reforms to the civil pre-action protocols (PAPs) have sparked some concern that, if they are intended to apply to commercial disputes via a default general protocol, they would represent a departure from current practice and a significantly more prescriptive approach. Amongst the more controversial suggestions is the introduction of … Read more

LCAM-HSF survey on compulsory mediation

Following the success of the 2020 LCAM-HSF Mediation in Arbitration survey, we are delighted to announce that Herbert Smith Freehills is again joining with the London Chamber of Arbitration and Mediation to conduct a new study on attitudes to compulsory mediation in litigation and arbitration. Read more