Volkswagen has settled a major dispute with suppliers that had disrupted car production at more than half its German plants and threatened to derail its recovery following the diesel emissions scandal. Talks continued well into the night as the German car maker said it had resolved...
Stamina - keep at it - press on - "persistence and determination are ..omnipotent"- There are lots of quotes, and many examples of how the right spirit, determination and just plain staying on course can deliver results. I was reminded of the importance of 'hanging...
The latest statistics on cases that are received and processed through the justice system of England and Wales for January to March 2016 have been published by the Ministry of Justice (MOJ). Civil cases (excluding family cases). The courts dealt with around 437,000 claims—an increase of...
Most key decision makers in a business know what a good deal looks like but when it comes to a dispute they sometimes switch from ‘what’s a good deal look like?’ to ‘What are our rights?’. The second question can trigger a consultation with a...
The most recent civil disputes I've mediated involved a division of assets but on the day of the mediation the absence of key information caused a blockage for the parties who were otherwise moving toward their chosen form of settlement. The discomfort of the lawyers was...
The Judge in this case ordered indemnity costs against a party who refused to agree a very short extension for service of a Statement of Case. In my opinion a pragmatic approach has been taken by the Judge rather than a literal and pedantic approach...
Part 36 of the Civil Procedure Rules (the rules of procedure used by the courts) is designed to encourage parties to settle by making offers. Part of the encouragement is the prescribed costs consequences if an offer is not accepted or beaten at trial. They...
The High Court has penalised a successful defendant for failing to mediate by awarding it only two-thirds of its costs even though it won. The defendant did agree to a round table meeting or mediation but then changed its mind because it no longer considered mediation...
In a recent case (Robinson v. Kensington and Chelsea and another (2014) [2014] EWHC 4449 (QB)) the High Court set aside a Default Judgment that had been entered when the Defendant’s Acknowledgment of Service had been filed with the Court five days late. The Court was...
No, you are not. On the contrary, to take some control of your own destiny and make your decisions is strength. Mediation is a tried and tested dispute resolution option encouraged by the Courts as a means of avoiding expensive litigation. It has a high record...
A right of way can be acquired by long use. The law in this area has evolved in a sometimes confusing manner but if a landowner is using a way over a neighbours land for twenty years openly, without permission and without force this can...
What? Part 36 of the Civil Procedure Rules is about offers to settle a claim (before or during proceedings). It is designed to encourage early settlement and it works by imposing costs consequences. Why? If an offer is accepted within the acceptance period the Claimant is entitled to...
