The world of litigation – now more deftly called dispute resolution (DR) – is now more than just a moving feast… Some may say that it’s for the better. Indeed, I have no doubt that if I undertook a straw poll of business owners they would universally agree that they would like to see disputes settled faster, more cheaply and a with a greater degree of costs certainty. Those objectives are much the same as Lord Jackson introduced with his reforms in 2013. (His key message was to see litigation conducted in a proportionate manner.)
Recent decisions of the high court have reinforced the desire of judges to make sure the aforementioned shopping list is achieved. In particular:
This is by no means a full and comprehensive list, and, over the coming weeks, I shall share my further thoughts on the whole DR process, culminating in a breakfast seminar when we shall share our experience on topical issues in resolving commercial disputes.