ADR on the increase in US Federal courts

A November 2011 study by the Federal Judicial Center has revealed that more than one-third of all federal trial courts authorise multiple forms of ADR, and all federal courts authorise one form of ADR.  For the 12-month period ending June 30, 2011, 28,267 cases were referred to ADR in 49 district courts. Read more

Government launches Dispute Resolution Commitment

The government has launched a new Dispute Resolution Commitment, which renews and strengthens the ADR Pledge made in 2001. The Commitment’s objective is to show how the government intends to lead by example in using “better, quicker and more efficient ways of resolving legal disputes”. The Commitment and guidance for government departments and agencies can … Read more

Responses to government’s consultation on solving disputes in the County Courts

The new Dispute Resolution Commitment is the latest in a series of government moves to encourage the use of ADR mechanisms, including negotiation, mediation and neutral evaluation. The government’s consultation “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, asked for views on compulsory mediation information sessions, automatic referral to mediation, and … Read more

HMRC publishes litigation and settlement strategy and ADR draft guidance

HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011. Comments on the draft guidance should be sent to HMRC by 31 October 2011.  Following HMRC’s original Litigation and Settlement Strategy published in June 2007, HMRC published a refreshed Litigation and Settlement Strategy … Read more

High Court endorses mediation in trade mark infringement case

The High Court has held that Cropton Brewery infringed Samuel Smith’s registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for “Yorkshire Warrior” beer: Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as “Cropton Brewery”) [2011] EWHC 1879 (Ch). … Read more

Adjudicator answers correct question so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC

Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, brought by a contractor against an employer. The adjudicator had decided the dispute in favour of the contractor, but the employer failed to comply with the resulting order. The contractor applied to the court for enforcement, … Read more

Court of Appeal rules that expert has no jurisdiction

The Court of Appeal has considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties. It ruled that the expert in the case did not have jurisdiction to decide the dispute, and so there should be no stay of the proceedings: Barclays Bank PLC v Nylon … Read more

Failure of nine Member States to implement the Mediation Directive by the deadline

On 22 July 2011, the European Commission sent letters of formal notice to the Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the UK because they had not yet informed the Commission whether they had put all national measures in place to fully implement the Mediation Directive. These countries have two months … Read more