Category: Pre-action Protocol

Preparation for Mediation in UK

Preparation for Mediation in UK

Entering mediation without proper preparation can undermine even the strongest legal position. This article explains why effective preparation is essential to successful mediation, how realistic expectations and a clear strategy can influence settlement discussions, and the practical steps parties should consider before the process begins. Whether you are an individual or a business facing a dispute, understanding how to prepare for mediation can significantly improve your prospects of achieving a timely, cost-effective and commercially sensible resolution.

Compulsory Mediation for Small Claims in England and Wales

Compulsory Mediation for Small Claims in England and Wales

Compulsory mediation is now mandatory for small claims under £10,000. Our litigation specialists are masters of ADR and regularly help clients navigate mediation in England & Wales.

Expert Litigation Barristers and Solicitors

When Stalled Litigation is an Abuse of the Proper Process of the Court

In addressing the challenge of stalled litigation, the Civil Procedure Rules provide an extensive legal framework designed to facilitate swift and just resolution of cases. Central to this framework is the overriding objective of the CPR, which mandates that cases should be handled justly and at proportionate cost.

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The APPG to Challenge the Swift Review: Redressal of Mis-sold IHRPs

The All Party Parliamentary Group on Fair Business Banking (APPG) has sought judicial review against the FCA’s decision to not take any further action following the results of the Swift Review.

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Litigation Lessons: “Weak and speculative” £3.7m professional negligence claimants awarded just £2K

A recent case of Beattie Passive Norse Ltd Anor v Canham Consulting Ltd highlights the importance of causation and repercussions of providing an inaccurate value of a claim.

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High Court rule service of Claim Form to be ineffective

Piepenbrock v Associated Newspapers [2020] EWHC 1708 is another case concerning where and when service may occur on the Defendant’s solicitors. The facts are similar to the Court of Appeal case of Woodward v Phoenix Healthcare Distribution (which Lexlaw were instructed on). The Claimant, a litigant in person, purportedly served the Claim Form on the last day of its four month validity period via email on the Defendants’ solicitors, who had not confirmed whether they were authorised to accept service. This amounted to a failure to effect service of the Claim Form. Applications to the Court to validate service were refused and the claim dismissed highlighting the dangers of ‘DIY litigation’ and the importance of instructing a specialist litigation team.

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Is an email confidential if I copy in a lawyer? Court of Appeal clarifies the scope of legal advice privilege

The Court of Appeal handed down a significant decision on 28 January 2020 in Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020]…