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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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