Mediation is a form of alternative dispute resolution which is encouraged by the Courts as a way to assist parties in resolving their dispute.

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

The Supreme Court has, in June 2020, given judgment on a landmark case which sets out the current state of the law relating to the availability or otherwise of adjudication as a means of dispute resolution when one of the parties is in insolvent liquidation.

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.

The recent decision in Garritt-Critchley v Ronnan is a stark reminder of the risks involved in refusing to engage in alternative dispute resolution (“ADR”). In this case the defendant repeatedly rebutted the claimant’s offers of mediation, resulting in a punitive costs order being made against them.

Disclosure involves identifying and making available documents that are relevant to the issues in dispute to the other parties to the case.

In this, the fifth of a series of articles which looks at some of the most common perils of contracts and how to avoid those perils, we look at the perils of failing to provide which law governs your contract and which country’s courts have jurisdiction to hear any dispute.

Human capital, intellectual property and a secure customer base often drive the value of an acquisition. To secure that value, the buyer of a business may want to retain key employees and prevent the seller from competing with the business for a specified period. The acquisition agreement therefore often includes certain restraints. Buyers and sellers may later disagree on the interpretation and enforceability of these terms. Various immediate dispute resolution steps must be taken to protect the value of the acquired business. Our commercial litigation team regularly acts for clients involved in this type of dispute.

Identifying the correct opponent at the outset and assessing their ability to pay is vital, and we here set out some considerations that need to be looked at very early on when a dispute develops.

The ownership of a farm was at the centre of a dispute between three (of four) siblings after the death of their parents, Mr & Mrs Williams.