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'The amended rule is not, as might have been expected limited to Chancery proceedings. It is of general application. While it is likely to be used more readily in the immediate future in Chancery proceedings given the impetus to its use by the Brigg’s Review and Norris J’s judgment, its use in appropriate cases in the Queen’s bench Division and the County Court is likely to become increasingly common.' (Civil Procedure News Issue 8/2015)
'It is a common difficulty in cases of this sort, trying to work out when the best time might be to attempt ADR or mediation. Mediation is often suggested by the claiming party at an early stage. But the responding party, who is likely to be the party writing the cheque, will often want proper information relating to the claim in order to be able to assess the commercial risk that the claim represents before embarking on a sensible mediation. A premature mediation simply wastes time and can sometimes lead to a hardening of the positions on both sides which make any subsequent attempt of settlement doomed to fail. Conversely, a delay in any mediation until after full particulars and documents have been exchanged can mean that the costs which have been incurred to get to that point themselves become the principal obstacle to a successful mediation. The trick is many cases is to identify the happy medium: the point when the detail of the claim and response are known to both sides, but before the costs that have been incurred in reaching that stage are so great that settlement is no longer possible.'
Arbitration of TOLATA disputes: Why would anyone now choose to litigate?
The doubters as to the efficacy of IFLA family arbitration
in the financial remedy context nee...
A Proposed Draft Final TOLATA Order
Just about every permutation of order in family proceedings has been considered in the Family St...
Recurring misconceptions in TOLATA cases
At a distance, cohabitation disputes involving constructive trusts, proprietary estoppel and app...
The Civil Procedure (Amendment No. 4) Rules 2015 (SI 2015/1569)
See also Early Neutral Evaluation of cohabitation and Inheritance Act disputes by Rhys Tayl...
A day in the life of ... Rhys Taylor (Family finance barrister)
is your position and what you do on a day-to-day basis?
I am a barrister. I special...
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