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19 November 2021 / Tony Allen
Issue: 7957 / Categories: Features , Procedure & practice , ADR , Mediation
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The final demise of Halsey? Pt 4

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Tony Allen ends his series on the future of dispute resolution—depicting a post Halsey world where judges can order (A)DR prospectively & costs sanctions take a back seat
  • How relevant in practice even the costs sanction aspect of Halsey will remain if courts are acknowledged to have the power to order (A)DR.
  • What might happen if some of the more famous cases of recent years came before a judge to consider ordering (A)DR?

What will normal litigation conduct in relation to (A)DR, settlement generally and costs sanctions look like in future, assuming that:

  • the CJC report, Compulsory ADR, is fully accepted over whether courts can order (A)DR and that Halsey is in this respect sidelined or ignored;
  • the phrase ‘It is expressly recognised that no party can or should be forced to mediate or enter into any form of ADR;’ is deleted from every Pre-action Protocol and its effect reversed;
  • CPR 3.1(2)(m) is amended to extend court case management powers by allowing
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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