header-logo header-logo

Lomax v Lomax & the future of compulsory mediation

28 November 2019 / Bryan Clark
Issue: 7866 / Categories: Features , Profession , ADR
printer mail-detail
12265
Bryan Clark provides a backdrop to the current law & practice around compulsory mediation
  • Compulsory mediation can be criticised on practical and policy grounds and significant barriers to mediation exist in legal circles and also with litigants.
  • However, mediation can be successful even when parties do not enter the process under their own steam.

There have been few issues more controversial in the English civil justice arena than compulsory mediation. Over recent years, a broad range of opinions has been voiced and much ink spilt over this matter. While the official position remains in England and Wales that compulsory mediation is not sanctioned, the recent Court of Appeal case of Lomax v Lomax [2019] EWCA Civ 1467, [2019] All ER (D) 87 (Aug) has again thrust the issue into the spotlight and may be seen as a catalyst for change. This article provides a backdrop to the current law and practice around compulsory mediation in England and Wales, reviews the decision in Lomax and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll