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26 June 2015 / Peter Causton
Issue: 7658 / Categories: Features , Profession , ADR
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No whining

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Peter Causton considers the use of ADR for consumer disputes

It is said that: “God created the world in six days. On the seventh day, he rested. On the eighth day, he started getting complaints.” A package of measures coming into force from July and October 2015 is likely to lead to an upsurge in consumer complaints, but new ways of tackling them.

New rules

The Consumer Rights Act 2015 will change the rules relating to the supply of goods, services and digital content for contracts made from 1 October 2015. It is against this backdrop that the ADR Directive is also being introduced from July 2015, to encourage the use of alternative dispute resolution (ADR) as a simple, low cost way to resolve sales and service contractual disputes between traders and consumers, out of court. Following a consultation, in April the ADR for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542) (the Regulations) were laid before Parliament to implement the ADR/ODR Directive 2013/11/EU. Amendments to the Regulations followed this month (ADR

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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