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Pros and cons of common ADR processes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 2 2012

We set out in this document a short discussion of the advantages and disadvantages of some of the most common dispute resolution processes under the


Parties reach settlement in long-running Wembley litigation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled


Party ordered to pay costs thrown away by late withdrawal from mediation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In Roundstone Nurseries Limited v Stephenson Holdings Limited 2009 EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation


Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 4 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012


High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer


Unilateral jurisdiction clauses may not always be effective
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 13 2012

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved


Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim


Lord Justice Jackson's review of civil litigation costs - views on ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 25 2010

The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010


UK: further case on enforcement and severability of adjudicator’s decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 16 2012

In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction 2012 EWHC 1039 and Beck v UK Flooring 2012 EWHC 1808 (TCC)) the English High Court has ruled that an adjudicator’s decision can be enforced in part only, severing the part reached without jurisdiction


High Court declines to impose costs sanctions for refusal to mediate
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 2 2012

In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC