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 the potential for ADR is embedded into court procedure and culture at all stages of the process (see, for example, … Read more

A recent English High Court decision serves as a reminder that the court has power to hand down a reserved judgment despite the proceedings having settled, even where the settlement was reached before the court circulated a draft judgment to the parties. There is no need for the court to be satisfied that there were … Read more

As we previously reported, the UK government is currently consulting on whether the UK should sign the UN Convention on International Settlement Agreements Resulting from Mediation, more commonly known as the Singapore Convention. The consultation closes on 1 April 2022. The Convention establishes a framework under which Member States agree to recognise and enforce settlements of … Read more

The last year has seen a notable increase in focus on the role of ADR in the English civil justice system, from both the judiciary and government. Amongst the various moving parts in what is becoming a crowded landscape of developments are: the Master of the Rolls’ vision for out-of-court resolution options to be fully … Read more

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

The UK government yesterday launched a consultation seeking views on whether the UK should sign the Singapore Convention.  The consultation closes on 1 April 2022. The Singapore Convention More formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation (full text here), the Convention came into force in September 2020.  It … Read more

Herbert Smith Freehills has become a founding signatory of the Greener Litigation Pledge, an important industry-led initiative to reduce the environmental impact of dispute resolution processes. All organisations involved in dispute resolution in England and Wales are invited to sign the Pledge. Signatories agree to take active steps to work toward minimising the carbon footprint … Read more

The Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the civil courts of England and Wales. In particular, it has concluded that court-mandated ADR is not incompatible with Article 6 of the European Human Rights Convention (right to a fair trial) and is therefore lawful. That conclusion is contained in … Read more