UK: Court of Appeal clarifies time limits for claiming repayment in adjudication

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

UK High Court claim struck out as full redress was available under an ADR scheme

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

CPR and CEDR agreement to promote ADR in UK

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

Natural justice in adjudication

It is now well established that the courts will refuse to enforce an adjudicator’s decision if the manner in which he has gone about his task is obviously unfair[1].  Whilst the courts have deplored attempts to comb through adjudicators’ reasons to find flimsy grounds on which to present a challenge, there will be cases where … Read more

UK High Court finds conciliation clause too uncertain to be enforceable

As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for conciliation or mediation before arbitration.  As the Sulamerica case demonstrated, a relatively significant degree of specificity is required (either through bespoke drafting or by importing the standard terms of an ADR institution) … Read more

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson’s costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  This has prompted the question whether Precedent H creates a presumption that the costs of a failed or aborted mediation form part of standard recoverable costs. Read more