header-logo header-logo

05 June 2008 / Duncan Henderson
Issue: 7324 / Categories: Features , Legal services , Procedure & practice , Profession
printer mail-detail

Unsettling questions

Refusing to mediate can be a dangerous and expensive option, says Duncan Henderson

New versions of the allocation questionnaire used in civil proceedings in England and Wales (forms N150 and N151) were published on 1 April 2008. Section A dealing with settlement has been expanded in each case. The amendments were not mentioned in the 46th update to the Civil Procedure Rules (CPR). The new s A is clearly designed to stimulate change in the behaviour of litigants and their advisers towards alternative dispute resolution (ADR), and in particular mediation.

Any practitioner advising a client against trying to settle a claim at the pre-allocation stage (before the hearing) now has to give and put on record justifiable reasons for the answer, and any client who wants to say “no” for reasons which are not justifiable (or to leave the box blank because there is no good reason for refusal) will have to be warned of the costs penalties which an unreasonable refusal to go to ADR may attract.

Halsey v Milton Keynes NHS Trust
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll