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ADR and costs sanctions

Eighteen months after the Jackson reforms came into effect, Tim Wallis considers their impact on recent cases

9 December 2014

Jackson on ADR

Lord Justice Jackson has, among other things, reset the direction and focus of alternative dispute resolution (ADR), which is demonstrated by the following two fundamentally important statements:

• "[ADR, particularly mediation] has a vital role to play in reducing the costs of civil disputes, by fomenting the early settlement of cases. ADR is, however, under-used. Its potential benefits are not as widely known as they should be." (Jackson Report 2010)

• "The aim is that, in general, no case should come to trial without the parties having undertaken some form of alternative dispute resolution to settle the case." (White Book 2013)

Many have written and commented on the above, but as 18 months have now elapsed since the new rules came into effect and in view of the following three cases, looking at those cases as a group would be useful.

Cases on costs sanctions

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