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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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