Introduction David Watkinson considers recent developments concerning two issues on which he has previously blogged. First, the Court of Appeal’s decision in Berkeley Square holdings Ltd v Lancer Property Management Ltd and second, the ongoing debate about the value of mediation being made mandatory.
Introduction Earlier this year (February 2019) I gave a brief summary of themes arising out of the Final Report of the Civil Justice Council’s ADR Working Party “Alternative Dispute Resolution and Civil Justice“ (December 2018). The first topic was whether the courts should be able to order ADR/mediation as a precondition for any further step in […]
For some time courts at all levels have sought to encourage parties to mediate or, at least, show that mediation has been seriously considered by imposing costs sanctions in the event of failure to do so. The case of Thakkar v Patel  EWCA Civ 117 (Jackson LJ, Briggs LJ) is a recent example which applies to claimants and defendants alike.