Court of Appeal interprets settlement agreement as releasing party’s own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties’ affiliates prevented the companies from later pursuing claims against their own affiliates. Those affiliates were held to include former administrators appointed by the bank and the administrators’ solicitors: Schofield v Smith [2022] … Read more

Article published – Compulsory ADR: a commercial litigation perspective

The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more pronounced with recent statements by the Master of the Rolls to the effect that there is nothing “alternative” about ADR. In this regard an issue which arises, and has … Read more

UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September 2020 and provides a framework for a global enforcement regime for settlement agreements resulting from mediation of international commercial disputes. The consultation closes on 1 April 2022. The consultation document shows … Read more

Civil Justice Council consultation on changes to pre-action protocols – problematic aspects for commercial litigation

In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil justice system and inviting views on a range of possible reforms to the existing pre-action regime. The interim report describes the proposed changes as “evolutionary rather than revolutionary”. However, if the proposed … Read more

Commercial litigation podcast series – Episode 9: General update

In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more

Civil Justice Council recommends court-compelled ADR

In a report published earlier this week, Compulsory ADR, the Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the civil courts of England and Wales. In particular, it has concluded that court-mandated ADR is not incompatible with Article 6 of the European Human Rights Convention (right to a fair trial) … Read more

Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020

Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its signing ceremony on 7 August 2019.  More formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, the new Convention aims to establish a global enforcement regime for settlement … Read more