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29 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Family , Divorce , Mediation
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Mediation compulsory for (almost) all

Parties in money claims up to the value of £10,000 must take part in a free one-hour mediation appointment, provided by HM Courts and Tribunals Service (HMCTS) Small Claims Mediation Service

Under measures introduced last week, parties who refuse mediation without good reason may be given a financial sanction or, in extreme circumstances, have their claim or defence dismissed by the judge, at the final hearing. Where parties have safeguarding concerns, such as domestic abuse or where there are vulnerable parties, mediation will not take place.

HMCTS has increased its mediators from 25 to 64. The county courts dealt with about 85,000 small money claims cases in 2022, with 20,000 of these cases opting for voluntary mediation resulting in more than half being settled.

Rebecca Clark, chair of the Civil Mediation Council, said: ‘Embedding mediation into the small claims process normalises a more conciliatory approach to dispute resolution.’

Law Society vice president Richard Atkinson welcomed the initiative but urged HMCTS to collect ‘as much data as possible’.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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