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Procedural guide—applications for a financial remedy: first appointment (standard procedure)

Procedural guide—applications for a financial remedy: first appointment (standard procedure) This Procedural Guide sets out the steps to be taken at a first appointment following an application for a financial remedy under the standard procedure. It includes guidance on the purpose of a first appointment, directions the court may give, expert evidence, interim orders, an adjournment for the parties to obtain information about and consider using non-court dispute resolution and fixing a financial dispute resolution hearing (FDR) and final hearing. It also sets out the steps to be taken after the first appointment and the requirements of the below High Court judge level efficiency statement. For the steps to be taken prior to the first appointment, see Procedural Guide: Procedural guide—applications for a financial remedy: application to first appointment (standard procedure). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure and in relation to the accelerated first appointment...

Dispute resolution clauses—resources for commercial B2B lawyers—checklist

Dispute resolution clauses—resources for commercial B2B lawyers—checklist This Checklist of resources sets out some of the issues that may arise when considering dispute resolution clauses (also known as alternative dispute resolution clauses or ADR clauses) in the context of business-to-business (B2B) commercial contracts and associated resources. Although most commercial agreements will include governing law and jurisdiction clauses as part of the default boilerplate provisions, when drafting commercial contracts consideration ought to be given to the inclusion of a dispute resolution clause. The aim of such a clause is to assist the parties in setting out, at the outset of their relationship, how they will deal with any disputes that may arise between them. In theory this may simply provide for litigation through the courts. However, where parties choose an alternative dispute resolution clause, this can save the parties time and money. It is far better for all concerned to have the procedures agreed when the parties are favourably disposed towards each other, rather than trying to agree them in the...

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Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]

Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived] Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see Practice Note: Jackson final costs report [Archived]. While he did not recommend compulsory Alternative Dispute resolution (ADR), his report does have consequences for those engaged in litigation who should, at every stage, consider ADR. Need for and purpose of April 2013 reforms to ADR The terms of reference for Lord Justice Jackson’s review included a requirement to ‘establish the effect case management procedures have on costs and consider whether changes in process and/or procedure could bring about more proportionate costs’. Lord Justice Jackson has identified ADR as one of a number of areas in which the cost of litigation could potentially be significantly reduced. He has observed that ADR: • ‘has a vital role to play in reducing the costs of civil disputes, by fomenting the early settlement of cases’, but that it was • ‘under-used and its...

The Pre-Action Protocol for Personal Injury Claims—6 April 2015 onwards

The Pre-Action Protocol for Personal Injury Claims—6 April 2015 onwards THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of the pre-action personal injury protocol—pre-6 April 2015, see Practice Note: The pre-action personal injury protocol—pre-6 April 2015 [Archived] and This protocol is intended to apply to all claims which include a personal injury claim (except those claims which proceed under the low value road traffic accident protocol, low value employers and public liability protocol, the clinical disputes protocol, and the disease and illness protocol). Where the protocol applies it is relevant to the entire claim, not just the personal injury element. The pre-action protocol is primarily for cases with a personal injury element with a value less than the fast track limit. However, the spirit of the protocol, which requires a cards on the table approach from all parties, is equally applicable to higher value intermediate and multi-track cases. The scope of this protocol has been...

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Mediation directions and draft orders—personal injury and clinical negligence

Mediation directions and draft orders—personal injury and clinical negligence Post-issue suggested mediation directions 1 [On or before [insert] the parties shall exchange lists of three neutral individuals who are available to conduct ADR process in this case prior to [insert date]. 2 Each party may [in addition OR in the alternative] provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct ADR procedures in this case prior to [insert date]. 3 On or before [insert date] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so exchanged and provided. 4 Failing such agreement by [insert date] the court shall restore the case management conference so that agreement can be reached on a neutral individual or panel to conduct ADR. 5 The parties shall write to the court to indicate what steps towards ADR have been taken and why those steps have failed. If the parties have failed to initiate ADR...

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Can a party treat an arbitral award as non-binding? What is the status of an arbitration agreement that states that the award is to be non-binding?

Can a party treat an arbitral award as non-binding? What is the status of an arbitration agreement that states that the award is to be non-binding? This Q&A refers to a final award and that the arbitration is seated in England & Wales and governed by the Arbitration Act 1996. Effect of an arbitral award Section 58 of the Arbitration Act 1996 (AA 1996) states that: ‘(1) Unless otherwise agreed by the parties, an award made by the tribunal pursuant to an arbitration agreement is final and binding both on the parties and on any persons claiming through or under them. (2) This does not affect the right of a person to challenge the award by any available arbitral process of appeal or review or in accordance with the provisions of this Part.’ The effect of the above is that unless otherwise agreed by the parties, an arbitral award made pursuant to an arbitration agreement is final and binding both on the parties to that agreement and on any...

What is the criteria for an application to dispense with a financial dispute resolution appointment?

What is the criteria for an application to dispense with a financial dispute resolution appointment? Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.16–9.17 make provision for financial dispute resolution (FDR) appointments, supported by FPR 2010, PD 9A, paras 6.1–6.5A. See Practice Notes: Preparation for the financial dispute resolution appointment and Conduct of the financial dispute resolution appointment. FPR 2010, SI 2010/2955, 9.15(4)–(5) provides that: ‘[(4) The court must direct that the case be referred to a FDR appointment unless— (a) the first appointment or part of it has been treated as a FDR appointment and the FDR appointment has been effective; or (b) there are exceptional reasons which make a referral to a FDR appointment inappropriate.] (5) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following— (a) that a further directions appointment be fixed; (b) that an appointment be fixed for the making of an interim order; (c) that the case be fixed for a...

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Commercial weekly highlights—24 October 2024

This week's edition of Commercial weekly highlights includes: commentary on the importance of creating a product-safety framework that gives regulators more flexibility to respond to emerging risks, news that the Lords Select Committee on the Constitution has published its second report of session 2024–25 on the Product Regulation and Metrology Bill and news that HM Treasury has launched a public consultation on draft legislation to regulate Buy-Now Pay-Later products.

Construction weekly highlights—24 October 2024

This week's edition of Construction weekly highlights includes a statement from the Ministry of Housing, Communities and Local Government (MHCLG) and Building Safety Regulator (BSR) on the classification of higher-risk buildings following a recent case, analyses of the Joint Contracts Tribunal’s (JCT) 2024 editions of its Major Project, Constructing Excellence, and Prime Cost Building contracts, a case in which the Technology and Construction Court (TCC) considered whether to restrain a developer from continuing with and issuing further adjudications against a contractor, and another case in which the TCC dismissed a contractor’s attempt to limit its contractual design responsibility.