*/
Civil
The long-term decline in the number of civil disputes coming to trial could corrode both respect for, and compliance with, legal obligations and responsibilities, according to UCL Dean of Laws, Professor Dame Hazel Genn.
Delivering the 36th F A Mann Lecture at Lincoln’s Inn, Dame Hazel outlined four key pressures behind the “vanishing trial phenomenon”: increased costs of litigation; private provider competition in the form of mediation and arbitration services; a judicial turn against adjudication; and the Government’s fiscal policy “with attendant anti-litigation rhetoric”.
Whilst acknowledging the potential advantages of mediating and arbitration in cases where both parties choose to do so, Dame Hazel warned: “These changes amount to a rule of law issues which concern the value of public adjudication, the loss of precedent in a common law system, and the unknown consequences of the unregulated processes and substantive outcomes of private dispute resolution.”
Bill Wood QC, Acting Chair of the Civil Mediation Council, responded that the vast majority of cases will settle and have always settled. “In many ways the role of mediation is getting those cases to settle early, before costs have got out of control. The law reports never seem to get any thinner as the years go by and it is hard to blame parties for saving themselves the quite extraordinary cost of civil litigation.
“Nobody is forced to mediate and nobody is forced to settle. In many ways that is the key to mediation’s success,” he added.
Delivering the 36th F A Mann Lecture at Lincoln’s Inn, Dame Hazel outlined four key pressures behind the “vanishing trial phenomenon”: increased costs of litigation; private provider competition in the form of mediation and arbitration services; a judicial turn against adjudication; and the Government’s fiscal policy “with attendant anti-litigation rhetoric”.
Whilst acknowledging the potential advantages of mediating and arbitration in cases where both parties choose to do so, Dame Hazel warned: “These changes amount to a rule of law issues which concern the value of public adjudication, the loss of precedent in a common law system, and the unknown consequences of the unregulated processes and substantive outcomes of private dispute resolution.”
Bill Wood QC, Acting Chair of the Civil Mediation Council, responded that the vast majority of cases will settle and have always settled. “In many ways the role of mediation is getting those cases to settle early, before costs have got out of control. The law reports never seem to get any thinner as the years go by and it is hard to blame parties for saving themselves the quite extraordinary cost of civil litigation.
“Nobody is forced to mediate and nobody is forced to settle. In many ways that is the key to mediation’s success,” he added.
Civil
The long-term decline in the number of civil disputes coming to trial could corrode both respect for, and compliance with, legal obligations and responsibilities, according to UCL Dean of Laws, Professor Dame Hazel Genn.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base