Proposed rule changes regarding the court’s power to compel ADR

The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power to order litigants to engage in alternative dispute resolution (ADR).  The proposed changes are intended to reflect the landmark Court of Appeal decision late last year in Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416 (considered here). For more … Read more

High Court refuses to stay proceedings commenced in breach of valid ADR clause

The High Court has exercised its discretion against ordering a stay of proceedings that had been commenced in breach of a clause which obliged the parties to refer any disputes to an out-of-court adjudication process, as a pre-condition to commencing litigation. Because the litigation involved other parties and wider issues regarding the project, the court … Read more

Commercial litigation podcast series – Episode 22: General update

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses … Read more

Article published – UK compulsory mediation ruling still leaves courts leeway

The Court of Appeal’s landmark judgment in Churchill v Merthyr Tydfil County Borough Council, handed down in late November, established that the courts can order parties to mediate or engage in some other form of alternative dispute resolution (ADR), overturning what was thought to be a long-standing English law prohibition on courts compelling ADR. The … Read more

Commercial litigation podcast series – Episode 21: General update

In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court’s dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings … Read more

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

The Civil Justice Council (CJC) has issued a report recommending 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. Since 2020, a CJC working group has been undertaking a fundamental review of the role that PAPs play in the civil … Read more

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK government has announced that it is proceeding with plans to introduce compulsory mediation as a mandatory procedural step in all Small Claims in the County Court.  All parties in cases allocated to the Small Claims track (ie most claims valued below £10,000) will be required to attend a free mediation appointment with a … Read more