ADR

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Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent ADR content

Practice notes
Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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18th Jan
Practice notes
Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on when an expert’s determination may be...
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Produced in partnership with 4 Pump Court 18th Jan
Practice notes
This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range...
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Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 18th Jan
Practice notes
This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims...
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18th Jan
Practice notes
Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the...
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18th Jan
Practice notes
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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Produced in partnership with 4 Pump Court 18th Jan
Practice notes
This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...
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18th Jan
Practice notes
This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...
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18th Jan
Practice notes
This Practice Note may be read in conjunction with Practice Note: Comparison of forms of ADR and litigation which summarises, in tabular format, the...
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18th Jan
Practice notes
Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...
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18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...
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18th Jan
Practice notes
Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will...
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18th Jan
Practice notes
This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the...
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18th Jan
Practice notes
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...
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18th Jan
Q&As
Civil litigation is increasingly focussed on alternative dispute resolution (ADR). Litigators will be familiar with directions questionnaires which...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Practice notes
Many of the following model ADR clauses specify that the form of ADR to resolve the dispute shall be mediation. If another form of ADR is chosen, the...
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7th Jan
Practice notes
Why draft dispute resolution clauses into your agreement?When contracts are drafted, they should always contain a dispute resolution clause to assist...
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7th Jan
Q&As
ADR for consumersThe Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392 (the 'Amended Consumer ADR Regs')...
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24th Dec
Practice notes
Features of an executive tribunal or 'mini-trial'The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure):•a...
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3rd Dec

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