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03 December 2009
Issue: 7396 / Categories: Legal News
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Mediation could save public purse

Local authorities are spending unnecessarily on legal costs by failing to use mediation in judicial reviews.

Local authorities are spending unnecessarily on legal costs by failing to use mediation in judicial reviews.

A report by Nabarro LLP, 39 Essex Street and ADR Group found that 97% of local authorities did not refer judicial reviews to mediation before court proceedings.

The report, The Effective Use of Mediation by Local Authorities in Judicial Review, published last week, found that while local authority decisions are increasingly being challenged in the courts, few lawyers appreciate how mediation could be used to save legal bills and valuable management time.

Gerard Khoshnaw, partner at Nabarro, says: “The findings of the report are timely given the current review of civil costs by His Honour Judge Jackson.

“This review is anticipated to recommend that cost awards be based upon the parties’ attempts to settle rather than the loser paying the winners costs. In some judicial review cases mediation may not be appropriate, but there are a large number of disputes where it could be used, for example, where there is the existence of a continuing relationship between the local authority and the other party or where confidentiality or speed are particularly important.”

Michael Meeson, Chambers Director of 39 Essex St, comments: “This report shows that there is a great opportunity for local authorities to generate cost savings through adopting a more progressive approach to the use of mediation in Judicial Review cases.”
 

Issue: 7396 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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