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NLJ: Future world of dispute resolution & demise of Halsey

23 November 2021
Categories: Legal News , ADR , Profession
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Solicitor and CEDR mediator Tony Allen concludes his four-part series on the future of litigation, in this week’s NLJ. The dynamics of dispute resolution are changing, with the focus firmly on resolution rather than litigation, but could the courts, post-Halsey, have the power to order parties to attend mediation or some other form of dispute resolution?

Allen looks in depth at the post-Halsey litigation landscape, considering costs, sanctions and pre-issue settlement. He writes: ‘Costs sanctions become far less relevant in a world where judges can order (A)DR prospectively. If a party could have sought a court order for (A)DR during the action, they might well be challenged if they seek a costs sanction for an earlier refusal to mediate at the end of a trial.’ 

Categories: Legal News , ADR , Profession
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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