Articles

In Kindertons Ltd v Murtagh [2024] EWHC 471 (KB), which we examined in a July 2024 article (see tinyurl.com/29jetu66), the High Court upheld a non-party costs order (NPCO) against a credit...

In the recent case of Manchester Property Development Holdings and Stephen Beech v Kuit Steinart Levy [2025] EWHC 35 (Comm), Dame Clare Moulder DBE adjourned a substantial trial due to take...

In arbitration, the parties are free to choose the law to determine the substantive issues in dispute (the substantive law). This freedom is recognised by section 46(1)(a) of the Arbitration...

Although Churchill v Merthyr Tydfil [2023] EWCA Civ 1416 is concerned with the power to compel parties to engage in alternative dispute resolution (ADR) during court proceedings, it may also...

In Morris v Williams [2025] EWHC 218 (KB), District Judge Dodsworth (sitting as a judge of the High Court) considered the ‘unambiguous impropriety’ exception to the without prejudice rule...

Before the recent decision in Dandara South East Ltd v Medway Preservation Ltd & Anor [2024] EWHC 2318 (Ch), there was no decided authority on the question of whether an expert determination...

Powerful voices have called for the recognition of a new type of privilege for mediators – a ‘mediation privilege’. This would be wider than the established without prejudice privilege...

On 1 October 2024, the new Civil Procedure Rules (CPR) on alternative dispute resolution (ADR) came into effect to reflect the landmark decision in Churchill v Merthyr Tydfil County Borough...

In Kindertons Ltd v (1) Georgina Murtagh (2) Esure Services Ltd [2024] EWHC 471 (KB), Turner J considered a challenge to a non-party costs order (NPCO). The trial judge found that the damages...

It is trite law that, where a party unreasonably refuses to engage with an alternative dispute resolution (ADR) procedure, that party risks being penalised in costs (Halsey v Milton Keynes...