The following Wills & Probate practice note Produced in partnership with James Davies of New Square Chambers provides comprehensive and up to date legal information covering:
Mediation has grown in use as a form of alternative dispute resolution (ADR) in the UK since the Access to Justice Report. It continues to be urged upon parties as a form of ADR by the courts as part of the overriding objective under CPR 1.4(2)(e) and is to be considered by parties under the Practice Direction Pre-Action Conduct and Protocols. It is also addressed in the Chancery Guide, para 18.1.
Although the Civil Procedure Rules does not set out a specific pre-action protocol for probate and trust disputes, the Association of Contentious Trust and Probate Specialists has produced a Code, to assist practitioners in such disputes, stating that:
‘Parties and their legal representatives are encouraged to enter into discussions and/or negotiations prior to starting proceedings. The parties should bear in mind that the courts increasingly take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is in reasonable prospect. Mediation of probate and trust disputes may assist in achieving a compromise, particularly in relation to disputes between family members.’
In the Court of Appeal case of PGF II SA v OMFS Co, the trial judge decided that silence in the face of a proposal to mediate was usually unreasonable. The contents of the ADR Handbook were firmly endorsed. The defendant who had remained silent was
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they can, as a matter of law, be called by a party to give evidence. All people are deemed competent to give evidence, whatever their age, at every stage
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Summary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note sets out how to complete a statement of costs using court Form N260 or in such form that closely follows Form N260. It
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12 and CPR PD 40B, paras 4.1 and 4.5).This rule only covers genuine slips or omissions in the wording of a sealed court order or handed down judgment
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.