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Tag Archive

How to Solve Your Dispute Without the Expense of Court

Alternative Dispute Resolution (ADR) is a blanket term for various methods of resolving your legal dispute without going to court. It very often involves the inclusion of an independent third party to assist in resolving the dispute. ADR is actively encouraged by the courts and politicians and it forms part of the pre-action protocol in the Civil Procedure Rules and Practice Directions. Although the Rules require that the parties should consider whether either negotiation or some other form of ADR is appropriate, it is an entirely voluntary process and all parties can withdraw at any time. However, those who do not consider other forms of ADR must be prepared to explain why to the court.

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Litigants in Person: Do They Have the Upper Hand?

We often hear from commercial clients that when they are involved in a case where their opponent is a litigant in person that the Court almost bends over backwards to help the litigant in person, and sometimes they feel that they are at a disadvantage.

Whilst it is usually the case that the Court will take time to explain procedure to a litigant tin person, the case of Barton -v- Wright Hassall LLP [2018] UKSC 12 illustrates that the Court do not apply special rules for litigants in person.

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