4th April 2022
The Civil Justice Council (CJC) has consulted on proposed reforms to Pre-Action Protocols (PAPs) in England and Wales (including Construction and Engineering’s second edition (C&EPAP)) as published in its Interim Report (Report). Respondents were asked to consider the role of PAPs in an increasingly digitalised justice system. PAPs were intended to embed proportionality, greater economy and greater efficiency into litigation and… Read more »
23rd March 2022
By TONY N GUISE In a recent case (The Sky’s the Limit Transformations Limited –v- Dr Mirza [2022] EWHC 29) heard by HHJ Stephen Davies sitting in the Manchester Technology and Construction Court, a domestic building contract was the subject of heated dispute, an attempt to resolve via mediation and ad hoc settlement negotiations all… Read more »
23rd March 2022
A series of developments in 2021 has meant that disputes lawyers must be more ready than ever to recommend mediation before or during litigation. The courts are prepared to use a different tool, that of Early Neutral Evaluation (ENE), to assist the parties to settle their dispute. There are shortcomings with ENE which could be… Read more »
11th March 2022
Independent Evaluation is delighted to announce that Sir Paul Morgan has joined our panel of Evaluators. Sir Paul brings with him a wealth of experience acquired over a very successful career at the Bar and an equally successful and impressive fourteen year term as a High Court Judge. Sir Paul sat in the Chancery Division… Read more »
2nd March 2022
This article was originally published in the Journal of Personal Injury Law in 2020 (J.P.I. Law 2020, 2, 141-147). It reproduces in part the contents of the Lexis/Nexis webinar: “Settlement & ADR” published 25th September 2019 which features Laura Elfield and Professor Regan providing a masterclass on best practice and pitfalls to avoid. … Read more »
7th February 2022
By TONY N GUISE This was the attention-grabbing evidence of Maria Caulfield, MP and Minister for Patient Safety & Primary Care at the Department of Health and Social Care (DHSC) to the Health and Social Care Select Committee of the House of Commons on 1 February 2022. The Minister’s remarks were made on the final… Read more »
20th January 2022
Source: Maria Ward-Brennan for the Lawyer, 17th January 2022 Sometimes settling a claim before it appears at court is the best strategy a legal team can take. Teams play a vital role in knowing when it’s best to cut their losses before it goes too far, but knowing when this move should be made is… Read more »
12th January 2022
More reform! On 15 November 2021, the Civil Justice Council (CJC) published the Interim Report of the Council’s Working Group on Pre-Action Protocols (the Interim Report), which was only open for responses until 10 am on 24 December 2021. The Interim Report has enjoyed a long gestation and presents ideas, but fails to make… Read more »
13th December 2021
Former Health Secretary Jeremy Hunt has proposed an alternative approach to clinical negligence claims, with a view to securing earlier compensation for affected families and implementing changes within the NHS to ensure mistakes are not repeated. Hunt, who is now the chair of the House of Commons Health and Social Care committee, suggested in a… Read more »
1st December 2021
Not so long ago if you had asked someone to explain neutral evaluation, you might have drawn a pause and a quizzical look. Today, the market for ADR (or dispute resolution processes (DR) as we are encouraged to call mediation, evaluation, adjudication and the like) has moved from the margins to the mainstream, and at… Read more »
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