PGF applied again – Don’t ignore a request to mediate!

In a case for rent arrears of £6,000 and other claims on both sides, the legal costs amounted to £100,000 on one side and £85,000 on the other (NJ Rickard Ltd v Holloway & ors, CA (Civ Div) 03/11/15 unreported).  The word disproportionate springs to mind.

Legal Ombudsman may become a certified ADR entity

The Legal Ombudsman is currently consulting on the important issue of modifying its Scheme Rules in order to become a certified ADR entity under the ADR Directive. The consultation closes on 2nd November 2015 and it prompts questions about the provision of ADR and the role of the Legal Ombudsman. The proposals and consultation are within this link. 

When to mediate? It’s a judgment call

So says HHJ Pelling QC in Orientfield Holdings Ltd v Bird & Bird LLP  [2015] EWHC 1963 (Ch). When and on what basis an approach is made by one party to another to mediate is a judgment call. In this particular case there was an issue whether the failure to mediate may constitute a breach of the […]

Halsey: PGF: ADR

It’s ironic that the decision whether or not to mediate can give rise to more litigation, this time over costs where the Claimants resisted the Defendant’s desire, having won, for his costs to be paid on an indemnity basis. In (1) Jane Laporte (2) Nicholas Christian v Commissioner of Police of the Metropolis[2015] EWHC 371 QB, Mr Justice […]

Mediation, timing and case management

Often parties will agree to stay proceedings for 2 or 3 months in order for mediation to be explored. This may be at the behest of one of the parties or prompted by a judge who views the case as being suitable for mediation. Now Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Intrastructure […]

Agreeing not to meet in mediation

Many disputes, suitable for mediation, are over the ownership of land and use of and access to space. Boundaries which aren’t agreed, communal areas accommodating diverse interests, levels of noise between proximate buildings all trigger strong emotional responses. The people on either side of the fence – literally – perhaps disputing the height of the […]

ODR and ADR – Are we ready?

The ways in which we choose to communicate have expanded. People used to meet to speak and physically walk into a shop to buy goods. Now the  telephone means voices are heard without faces and the internet allows us to shop from wherever we are. How easy though is it to resolve a dispute after an online […]