Alternative Dispute Resolution (ADR) offers efficient pathways to resolving conflicts outside of traditional court settings. Enhance your practice with insightful guidance on mediation, arbitration, and negotiation. Stay ahead with strategies on minimising litigation costs, fostering client relationships, and achieving favourable outcomes. Unlock the potential of ADR to streamline the resolution process and deliver timely solutions for your clients.
Dispute Resolution analysis: The High Court held that an insurer’s pre-action admission of liability made through its loss adjusters in 2022 bound the...
PI & Clinical Negligence analysis: In BS (a child proceeding by his mother and litigation friend) v Greene King Brewing and Retailing Ltd, Oxford...
His Majesty the King has set out the government’s priorities and proposed policies for the next parliamentary session at the State Opening of...
Arbitration analysis: The High Court refused Clyde & Co LLP’s application under section 37 of the Senior Courts Act 1981 for an anti-suit injunction...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
What is ADR?Definition of ADRAlternative dispute resolution (ADR) is described in the CPR Glossary as a ‘[c]ollective description of methods of resolving disputes otherwise than through the normal trial process’. Some courts use the term ‘negotiated dispute resolution’ (NDR) to refer to the
Mediation—advantages and disadvantagesThis Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.What is mediation?Mediation is one of the most commonly recognised and used forms of
Costs consequences of refusing to consider ADR in civil proceedings—illustrative decisionsAn unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may render the refusing party liable to costs penalties, even if they are successful in the
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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