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In our last post on this topic Jacqui Joyce and Peter Bourke outlined the proposals in the Property Boundaries (Resolution of Disputes) Bill, which if enacted, will establish a system …

Jacqui Joyce looks at a recent case which held that it is not enough for parties to agree to mediate. In order to avoid costs penalties they must actively get …

The Property Boundaries (Resolution of Disputes) Bill has recently cleared its second reading in the House of Lords. In this article Jacqui Joyce and Peter Bourke look at the proposals. …

A reference in a Reply, to the defendant refusing to mediate, was struck out. It breached the rule against disclosure of without prejudice correspondence. (R (Wildbur) v Ministry of Defence …

If you do not mediate in a case in which you are involved as a result of your previous solicitor’s negligence, can this be treated as a failure to mitigate? …

Parties to major building projects have openly discussed the effectiveness of signing up in advance to their own agreed form of alternative dispute resolution, rather than relying on adjudication or …

The judge in this latest case (Bradley v Heslin) started off the judgment with the following words: “Rather to my surprise I find myself trying a case about a pair …

When Andrew Mitchell MP got into a little fracas in Downing Street whilst pushing his bicycle, he could not possibly have conceived of the consequences. He lost his job, police …

The appeal in PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288, raised for the first time the question of what should be the response of the …