The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering settlement through mediation. For guidance, see: Cross border considerations—checklist—Settlement—Brexit specific and Cross border considerations—checklist—Brexit—impact on CPR.
For further guidance, see Practice Notes: Brexit—settlement [Archived] and No deal Brexit—mediation.
This Practice Note sets out the scope and key objectives of the Mediation Directive 2008/52/EC. It also addresses its implementation and its effect on the CPR, most notably on CPR 78 and CPR 31-34. It sets out some key definitions and provides guidance on the court’s attitude to the directive vis-à-vis domestic mediations.
The Mediation Directive 2008/52/EC prescribes certain principles regarding the mediation of cross-border disputes in civil and commercial matters. Its aim is to facilitate and promote the settlement of disputes via mediation. In so doing, there is a recognition of the need to try and ensure that a sensible interplay between mediation and the process of judicial proceedings is achieved.
The Mediation Directive's objectives are set out in 12 articles, of which the following are considered by the UK government to be key:
Article 6: the enforceability of mediation settlement agreements
Article 7: the confidentiality of the mediation. Note: this is limited, in that it does not attempt to protect all aspects of confidentiality. It only:
avoids compelling the mediator to give evidence in
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
0330 161 1234
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