Mediation

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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Mediation content

Practice notes
Mediation—case summary and supporting documentsIn readiness for the mediation, it is usual for the parties to prepare a number of documents which are...
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5th Jun
Practice notes
Mediation—practical arrangementsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the...
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5th Jun
Practice notes
Mediation costs—liability and recoveryThis Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may...
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5th Jun
Practice notes
Small claims mediation serviceWhat is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation...
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5th Jun
Practice notes
Costs sanctions for refusal to mediateThis Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation....
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5th Jun
Practice notes
Conduct and liability of the mediatorCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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5th Jun
Practice notes
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully....
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5th Jun
Practice notes
Lawyer’s role in the mediationThis Practice Note considers:•the basis of your obligations with regard to alternative dispute resolution (ADR)...
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5th Jun
Practice notes
Starting the mediationThis Practice Note covers how to initiate a mediation. It considers contractual disputes where the contract contains a mediation...
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5th Jun
Precedents
ADR Notice—ADR clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert...
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5th Jun
Precedents
Letter to client—what happens at a mediation and preparing for itPRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert...
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5th Jun
Precedents
ADR Notice—no ADR clause or dispute not contract-based[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation...
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5th Jun

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