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A recent Court of Appeal decision has clarified an important issue regarding the situation where a party makes a payment pursuant to an adjudication decision and subsequently seeks to recover that payment through court proceedings. Under the relevant statute of limitations, any such court proceedings must be brought within a specified time (generally 6 years) from the date the … Read more
Where parties have contractually agreed to submit a dispute for expert determination, one of the the limited bases on which they may challenge the determination and have it set aside by the court is that it contains a manifest error. However, the scope of that exception is very narrow, as illustrated by a recent High Court decision: Walton Homes Ltd v Staffordshire County … Read more
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 imposing costs sanctions upon it (as established in Halsey v Milton Keynes General NHS Trust [2004] … Read more
The European Parliament has issued a public questionnaire (‘Assessing the Impact of the EU Mediation Directive and Exploring Legislative and Non-Legislative Measures to Encourage the Use of Mediation in EU Member States’) to gather information about mediation policy and practice in civil and commercial cases in EU member states. One of the stated purposes of the review is ‘to … Read more
The UK Technology and Construction Court has recently delivered a judgment that has the potential to increase the use of adjudication as a means of dispute resolution in the construction industry. The decision addresses for the first time in the UK the question of when a collateral warranty given in connection with a construction project … Read more
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 such complaints. The decision is a further example of the UK courts’ support for ADR and illustrates that … Read more
Further to our previous five posts (Part 1, Part 2, Part 3, Part 4 and Part 5) on the use of ADR in Africa we now feature in the final part the responses from South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe to the question: are parties to litigation or arbitration required … Read more
The International Institute for Conflict Prevention and Resolution (CPR) and the Centre for Effective Dispute Resolution (CEDR) have announced an agreement providing for CEDR to be CPR’s exclusive partner in the UK for the promotion of CPR’s “21st Century Corporate ADR Pledge”. The Pledge is a CPR initiative under which signatories commit to apply their … Read more
Following a successful mediation, parties usually prepare a formal agreement to record what was agreed. In some situations, the parties may initially prepare a less formal document, sometimes called a ‘heads of agreement’. Whether a heads of agreement is enforceable depends on whether the parties intended to be legally bound by its terms. An important … Read more
