ADR: Mediation in costs proceedings

Bolt Burdon Kemp | Personal Injury Law Journal | March 2019 #173
Sam Hayman advises on where he sees an emerging market for ADR ‘Now more than ever, the judiciary has a key role in progressing the uptake of ADR.’ Mediation in costs proceedings is a relatively contemporary option. There was a very apparent emergence of such options following the introduction of the Jackson reforms and this …

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Dilapidations Claims: A damaging judgment

Browne Jacobson LLP | Property Law Journal | May 2017 #351
Tim Rayner assesses good practice when claiming costs in dilapidations claims ‘If the landlord undertakes works that were the responsibility of the tenant, then the cost of those works will be a good guide as to the landlord’s loss.’ The case of Car Giant Ltd v London Borough of Hammersmith & Fulham [2017] concerned a …

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Mediation: Peace, love and (some) understanding

Hogan Lovells | Procurement & Outsourcing Journal | March/April 2016 #29
Neil Mirchandani and Alice Jowitt report on the role of mediation across the EU ‘Implementation of the Mediation Directive required bigger changes in some member states than in others. This is not surprising, given that there are major differences between member states in terms of how disputes are resolved.’The Mediation Directive (2008/52/EC, the Directive) is …

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Construction Focus: Enforceability of agreements

John Starr | Property Law Journal | February 2016 #338
John Starr assesses the enforceability of informal agreements in the context of recent case law ‘Both cases make clear the importance of using the words “subject to contract”. While the use of those words is not always determinative, it is generally regarded as a strong indicator that the parties do not intend to be bound.’Parties …

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