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Monthly Archives: June 2024

New Law aims to Keep Separating Couples Away from Court

Why is the first week in January called “National Divorce Week”? Web Searches for ‘divorce’ on GOV.UK are 55 per cent higher in early January than in early December (456 searches in first week of January compared to 294 in first week of December). The government in 2013 introduced major changes designed to ensure that […]

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Refusals to mediate- the court imposes indemnity costs award against Defendants who unreasonably refused to mediate

Date: 6th June 2024 The High Court has highlighted the dangers of refusing to mediate in disputes that are suitable for Alternative Dispute Resolution (ADR).    In Phillip Garritt-Critchley & Others v Andrew Ronnan and Solarpower PV Limited [2014] EWHC 1774 (Ch), His Honour Judge Waksman QC sitting in the Chancery Division, Manchester District Registry […]

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Lord Justice Jackson Reforms

In April 2013, the Government started to reform civil litigation funding and costs in England and Wales, which is predicted to a give a significant rise in the appeal and popularity of the process of mediation. Lord Justice Jackson, a highly experienced member of the Court of Appeal, was asked by the current Government to […]

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Defamation Act Targets the Wasting of Courts Time Justice Minister Shailesh Vara

The Defamation Act 2013 introduced a new “serious harm threshold” designed to help people understand when claims should be brought and discourage the wasting of court time. Trivial cases will still need to be resolved. Will ADR be the answer? https://www.theguardian.com/law/2013/dec/31/trivial-libel-claims-targeted-new-law    

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Beware your Refusal to Mediate

There are many illuminating articles about the implications of a refusal to mediate being deemed unreasonable by the judge. A move closer to obligatory mediation before legal proceedings? Be warned, do not allow yourselves to be caught out In a significant judgement handed down by the High Court on 19 June 2025 in Appiah & […]

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Exploring Mediation in Small Business

David Cliff assesses the use of Mediation in Small Business and makes some superb observations regarding the use of Mediation in the UK v the rest of the world!   http://www.smallbusiness.co.uk/running-a-business/legal-advice/2451697/exploring-the-role-of-mediation-in-a-small-business.thtml

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Re-booting the Mediation Directive

This compelling clip outlines a novel and innovative way to get improved mediation activity.   Could this be the real mediation ‘tipping point’?   http://www.youtube.com/watch?v=qvxShkxqwbY&feature=youtu.be

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