REUTERS | Jon Nazca

All eyes are currently on the EU referendum, but few people have thought about the consequences of a Brexit on ADR. A vote to leave the EU would also be a vote against the steps taken to increase the use of ADR. In short, leaving the EU would be an unmitigated disaster for ADR in the UK, as the recent ADR Directive has been bringing about a change of culture in the UK.

That said, the ADR directive has not been as effective as it could be, owing to the way in which the UK government implemented it, and we are still in the early stages of its implementation. So, where do we currently stand? Continue reading

REUTERS | Toby Melville

As we all know, the court has discretion on the question of costs. Section 51 of the Senior Courts Act 1981 provides that “the costs of and incidental to all proceedings in … the High Court … are in the discretion of the court” and CPR 7.2(1) provides that “proceedings are started when the court issues a claim form”. Continue reading

REUTERS | Mohamed al-Saya

In respect of costs allowed on the standard basis, in cases in which the claim form was issued after 1 April 2013, the Jackson test applies to all costs incurred on or after 1 April 2013. The former test (known as the Lownds test) still applies to costs incurred in such cases before that date, and also still applies to all costs incurred in cases commenced before 1 April 2013 (CPR 44.3(7)). Continue reading