header-logo header-logo

NLJ this week: ADR, costs, compulsion & incentives critiqued

22 November 2024
Issue: 8095 / Categories: Legal News , Profession , Costs , ADR , Mediation
printer mail-detail
197678
Retired costs judge John O’Hare discusses ADR in three contexts, in this week’s NLJ. He covers cases provisionally allocated to the small claims track, commercial litigation in the County Court, and claims opposed by liability insurers or by large self-insuring organisations such as local authorities or health authorities.

One year ago, the Court of Appeal ruled that a court has the power to compel parties to engage in ADR, in certain circumstances. O’Hare shares some critical views of current and potentially future dispute resolution processes in the three contexts, including the incentives for parties to participate fully.

On the costs sanction for failure to attend ADR in small claims track cases, he writes that ‘a most likely reason for such a failure is that they are uncomfortable about discussing something they consider important over the telephone and so with less opportunity to show, as well as say, how unjust the opponent’s case is’.

Issue: 8095 / Categories: Legal News , Profession , Costs , ADR , Mediation
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll