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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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NEWS
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Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
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