Mediation

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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
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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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
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
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
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
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
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
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov

Most recent Mediation content

Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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22nd Apr
Practice notes
This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement,...
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15th Apr
Practice notes
This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...
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15th Apr
Precedents
Private & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR...
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9th Apr
Precedents
PRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert name of client][insert case heading]This letter sets out a summary...
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9th Apr
Precedents
[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR NoticeOur respective...
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9th Apr
Practice notes
This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and...
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8th Apr
Practice notes
What is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service...
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when...
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8th Apr
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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8th Apr
Practice notes
Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...
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7th Apr
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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7th Apr
Practice notes
The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...
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7th Apr
Practice notes
This Practice Note considers:•the basis of your obligations with regard to alternative dispute resolution (ADR) generally•your obligations with regard...
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7th Apr
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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7th Apr
Practice notes
This Practice Note covers how to initiate a mediation. It considers contractual disputes where the contract contains a mediation or alternative...
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7th Apr
Practice notes
In readiness for the mediation, it is usual for the parties to prepare a number of documents which are to be provided to the mediator (and all...
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1st Apr
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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1st Apr
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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31st Mar
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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26th Mar

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