In the recent case of Manchester Property Development Holdings and Stephen Beech v Kuit Steinart Levy [2025] EWHC 35 (Comm), Dame Clare…
Articles
Mandatory Laws at the Seat of Arbitration
In arbitration, the parties are free to choose the law to determine the substantive issues in dispute (the substantive law).…
Pre-Action Protocols, ADR and Churchill
Although Churchill v Merthyr Tydfil [2023] EWCA Civ 1416 is concerned with the power to compel parties to engage in alternative dispute…
Without Prejudice Communications
In Morris v Williams [2025] EWHC 218 (KB), District Judge Dodsworth (sitting as a judge of the High Court) considered…
The Separability Of Expert Determination Clauses
Before the recent decision in Dandara South East Ltd v Medway Preservation Ltd & Anor [2024] EWHC 2318 (Ch), there…
No ‘Mediation Privilege’ – Yet
Powerful voices have called for the recognition of a new type of privilege for mediators – a ‘mediation privilege’. This…
Churchill And New ADR Rules
On 1 October 2024, the new Civil Procedure Rules (CPR) on alternative dispute resolution (ADR) came into effect to reflect…
Non-Party Costs Orders And Credit Hire Disputes
In Kindertons Ltd v (1) Georgina Murtagh (2) Esure Services Ltd [2024] EWHC 471 (KB), Turner J considered a challenge to a…
Silence In The Face Of An Invitation To ADR
It is trite law that, where a party unreasonably refuses to engage with an alternative dispute resolution (ADR) procedure, that…
Orders and Costs Recovery
Civil Procedure Rule 44.10 makes clear that, where an order is silent as to costs, no party is entitled to…
