A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
Freeing up the backlog - Alternative Dispute Resolution, reinforcing litigation as a last resort
The principle of ‘litigation as a last resort’ has long been entrenched in the Civil Justice system but with an increasing backlog in the court system, and the high costs associated with litigation, this principle has taken on a higher profile.
The courts are actively encouraging parties to find a resolution before issuing proceedings.
Following a landmark ruling in Churchill v Merthyr Tydfil Borough Council [2023], The Civil Procedure (Amendment No. 3) Rules 2024 were proposed to clarify the legal position and widen the courts discretionary power to order parties to participate in Alternative Dispute Resolution (ADR) and/or to stay proceedings in order to allow a dialogue between the parties to take place. These amendments came into force on 1 October 2024 and reflect a cultural shift towards effectively making ADR compulsory.
But what is ADR and how do these changes impact you?
Alternative Dispute Resolution is a term that encompasses different routes to resolve a dispute outside of court. This can include processes such as arbitration and meditation. In some instances, such as small money claims below £10,000, you are required to attend mediation through something called the Small Claims Mediation Service. However, in other claims, you may need to decide on the correct route to safeguard your legal interests.
The most suitable ADR route will entirely depend on the nature of your dispute.
Considerations include the complexity of the case, the bargaining powers of the parties and the context of the relationships. There is no ‘one size fits’ all.
Importantly, any unreasonable refusal to engage in ADR may result in cost sanctions against you. With this shifting landscape, it is crucial that you understand what is best for you. At Tanners Solicitors we provide an individualised assessment of your case and can advise you on how best to safeguard your interests. Therefore, if you are dealing with a dispute and are unsure about how to approach ADR, please do not hesitate to get in touch with our Dispute Resolution team.
Contact details:
aah@tanners.co.uk
01285 646115