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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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