Posts by Elizabeth Repper

  • Mediation update: reminders from the courts and the new protocol

    The courts have recently taken the opportunity to remind parties about some of the things mediation may be able to do for their case. Mediation also now gets a specific mention in the new Construction and Engineering Protocol. Here’s what has been happening.

  • Mediation update: discussing and negotiating early

    The courts have often stressed that parties should mediate early before litigation hardens attitudes and costs become an additional aggravating factor. In Kupeli and others v Sirketi (t/a Cyprus Turkish Airlines) and another, the High Court restated the now familiar message that parties should discuss or negotiate their dispute early.

  • Why mediate a delay claim?

    This post considers some of the advantages (financial and otherwise) of mediating, as well as looking at how best to prepare for the mediation of a delay claim and how best to present a delay claim at a mediation.

  • Making offers, accepting offers and drafting in advance

    Two recent High Court decisions (AB and another v CD Ltd and Newbury v Sun Microsystems) illustrate the importance of knowing early each and every settlement term either desired by your client or necessary to make the settlement work.

  • Mediation and costs management – part 2

    In April 2013, I wrote about mediation and costs management, which were hot topics as a result of the new Civil Procedure Rules. Since that blog, there have been three cases of particular interest in relation to mediation and costs management.

  • Mediation and costs management – a hot topic

    Mediation is a hot topic at the moment. One reason for this is because of Sir Alan Ward’s judgment in Wright v Michael Wright Supplies Ltd; another is the changes to the Civil Procedure Rules (CPR), which came into force at the beginning of April.

  • Mediation of relatively low value claims

    To the surprise of the man on the street, relatively low value disputes are difficult to litigate cost effectively. Often the value of the claim is soon exceeded by each party’s legal costs. At the end, when one side comes second, it is presented with a very large bill. Mediation offers the parties a way to avoid this.

  • Common ways to claim interest

    Claims for interest are particularly contentious at present as: The base rate is 0.5%. Banks and building societies are only offering low interest rates on savings. The current economic climate has led some to bring previously forgotten claims on the eve of the limitation period expiring.

  • Do you want to stay?

    At the time of issuing proceedings, the parties may or may not have complied with the Pre-Action Protocol for Construction and Engineering Disputes (Protocol). Limitation issues, for example, may have prevented compliance. Alternatively, the parties may just not have entered into the spirit of the Protocol.