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03 December 2009
Issue: 7396 / Categories: Legal News
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Mediation could save public purse

Local authorities are spending unnecessarily on legal costs by failing to use mediation in judicial reviews.

Local authorities are spending unnecessarily on legal costs by failing to use mediation in judicial reviews.

A report by Nabarro LLP, 39 Essex Street and ADR Group found that 97% of local authorities did not refer judicial reviews to mediation before court proceedings.

The report, The Effective Use of Mediation by Local Authorities in Judicial Review, published last week, found that while local authority decisions are increasingly being challenged in the courts, few lawyers appreciate how mediation could be used to save legal bills and valuable management time.

Gerard Khoshnaw, partner at Nabarro, says: “The findings of the report are timely given the current review of civil costs by His Honour Judge Jackson.

“This review is anticipated to recommend that cost awards be based upon the parties’ attempts to settle rather than the loser paying the winners costs. In some judicial review cases mediation may not be appropriate, but there are a large number of disputes where it could be used, for example, where there is the existence of a continuing relationship between the local authority and the other party or where confidentiality or speed are particularly important.”

Michael Meeson, Chambers Director of 39 Essex St, comments: “This report shows that there is a great opportunity for local authorities to generate cost savings through adopting a more progressive approach to the use of mediation in Judicial Review cases.”
 

Issue: 7396 / Categories: Legal News
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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’
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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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