In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the important public policy role of the WP rule in encouraging settlement by ensuring parties can negotiate freely, without fear… Read more

The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v Ferster [2016] EWCA Civ 717. Upholding the decision of Rose J at first instance, the Court of Appeal found that… Read more

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how… Read more

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of ADR to resolve consumer disputes across the EU.… Read more

Alexander Oddy and Jan O’Neill of Herbert Smith Freehills’ London office have published an article in PLC Magazine: Mediation for In-house Lawyers – Preparing for Success. In-house counsel can play a critical role in the preparation for a mediation – both in working with… Read more

Our Hong Kong dispute resolution team has published a new guide "ADR in Asia: Spotlight on mediation in Hong Kong" following a survey of around 100 clients and contacts on their use of mediation as a dispute resolution tool in Hong… Read more

The High Court has considered the extent of the court’s discretion to order costs budgeting in cases where budgets are not automatically required. Under the rules in force since 22 April 2014, that means claims for more than £10 million,… Read more

A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an extensive cross-section of ADR and arbitration service providers, corporate users and thought leaders to discuss the future direction of… Read more

The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by friendly discussions constituted an enforceable condition precedent to arbitration: Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014]… Read more

We have launched the first in our series of Herbert Smith Freehills ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. The first guide, entitled "Common ADR processes -… 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… Read more

The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of settlement, could be set aside: Watson v Sadiq [2013] EWCA Civ 822. The claimant contended that… Read more

The "Jackson ADR Handbook" has been published today pursuant to Lord Justice Jackson's recommendation for publication of an authoritative mediation handbook for England and Wales. (Click here for our guide to the main Jackson reforms introduced earlier this month.) The Handbook is intended… Read more

The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a court from ordering unwilling parties to refer their dispute to mediation.… Read more

The English Court of Appeal has given guidance on the issues a court should address when assessing the reasonableness of a successful party’s refusal to mediate and general approach to settlement: Newman v Framewood Manor Management Co Ltd [2012] EWCA… Read more

Herbert Smith Freehills has published a simple guide to the mediation process and what to expect on the day, including a useful flow chart: Practical Guide to Mediation. It is intended principally for non-legal attendees/client representatives and outlines a typical template for a… Read more

In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC). The judge’s… Read more

We have today launched Herbert Smith Freehills' new "ADR notes" blog, which you can find at www.hsf-adrnotes.com or via the link in the "HSF blogs" tab in the top menu. ADR notes contains posts on the latest legal and practice developments in relation to mediation,… Read more

On Tuesday 29 May (12:45 to 1:45 UK time) John Ogilvie, Matthew Bonye and Alex Oddy will present a live audio webinar on pre-action strategy. The session will explore strategic considerations before proceedings are commenced, including: Immediate points to consider when a dispute arises; Pre-action… Read more

In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court's discretion on costs, holding that a successful party was not unreasonable to refuse mediation and should not be penalised… Read more

One of Lord Justice Jackson’s recommendations, in his January 2010 report on civil litigation costs (click here for a summary of the key recommendations affecting commercial clients), was that all litigation lawyers and judges should be properly informed about the… Read more

There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three judgments in which the court had to decide whether to stay legal proceedings in favour… Read more

The government response has been published to its consultation on "Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system", which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extension of… Read more

In a resolution adopted on 2 February 2012 in response to the Commission’s 2011 consultation “Towards a coherent European approach to collective redress”, the European Parliament has taken a markedly less negative approach to the question of EU action on… Read more

In its draft report published on 15 July 2011, the European Parliament's Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful… Read more

In Rolf v De Guerin [2011] EWCA Civ 78, the Court of Appeal considered an appeal about the costs of a small building dispute, in circumstances where the claimant succeeded on only a fraction of her claim and the defendant… Read more

As we have previously reported, an EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive, which only applies to European cross-border disputes rather than to disputes within any… Read more

In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 (TCC) Mr Justice Ramsey considered an application by a mediator to set aside… Read more

In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension… Read more

The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch). … Read more