The courts may, pursuant to section 51 of the Senior Courts Act 1981, make a costs order against non-parties to proceedings (NPCO). Whether an order should be made is clearly a matter in the...
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Court Discretion And Dispute Resolution Clauses
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution...
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Churchill: Courts Have Power To Compel Parties To Engage With ADR
In a landmark decision, the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 has held that the courts can order the parties to engage in alternative...
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ARBITRATION: THE $2BN QUESTION
The UK Supreme Court’s guidance on applying for a stay under section 9 of the Arbitration Act 1996
In the recent case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) &...
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Without Prejudice Correspondence
In Jones v Tracey [2023] EWHC 2256 (Ch), Master Marsh held that correspondence between lawyers concerning the possibility of alternative dispute resolution (ADR) is to be regarded as...
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Denton And Default Judgement Applications
Prior to the recent decision of FXF v (1) English Karate Federation Ltd, (2) Ishinryu Karate Association [2023] EWCA Civ 891, there was procedural uncertainty on the issue of whether the...
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PERMITTING PARTIES TO REPLACE EXPERTS
It is trite law that the court’s permission is required before an expert’s report can be relied upon, replaced or before an expert can be called to give oral evidence (CPR r.35.4). In...
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JURISDICTION OVER SUMMARY ASSESSMENT OF COSTS
Is a judge permitted to order costs to be summarily assessed in a different court by a different judge or must a summary assessment be undertaken by the judge making the order for summary...
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SUMMARY OF CPR PART 35 BY SECTIONS
Part 35 of the Civil Procedure Rules (CPR) governs expert evidence in civil proceedings in England and Wales. The part is divided into several sections, each of which addresses specific...
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PART 35 OF THE CIVIL PROCEDURE RULES
Part 35 of the Civil Procedure Rules in the United Kingdom deals with expert evidence. In litigation, expert evidence is often necessary to assist the court in understanding complex issues...
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