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Author Archives: Michael Dawson

Transforming the intractable into the possible.

The case of Ali Ghaith v Indesit Company UK Ltd appears unremarkable. The judge dismissed a claim by an employee, who then appealed. The Court of Appeal overturned the original decision, proving again that going to court can be something of a lottery.

However, the Court of Appeal, added a postscript which is of interest to anyone considering litigation.

Lord Justice Longmore commented:

It is a great pity that Indesit did not pursue the option of mediation rightly encouraged by Toulson LJ when he gave permission to appeal.  Mr Peebles informed us that it was not pursued because the costs had already exceeded the likely amount in issue.  This is an inadequate response to this Court’s encouragement of mediation since a full day in this Court will inevitably result in a substantial increase in costs.  …  It is devoutly to be hoped that such mediation will mean Continue Reading

Court fees hike increases cost of litigation

A consultation paper issued by the Ministry of Justice titled Fees in the High Court and Court of Appeal, closed on 7 February 2012. Government wants to abolish subsidy for litigation In essence, the Government has decided that the present method of Court funding whereby approximately 80% of the cost is borne by the partiesContinue Reading

Automatic referral to mediation to be introduced.

The Ministry of Justice has made its much anticipated response to the Solving disputes in the County Court consultation with the emphasis very much on streamlining and simplifying legal dispute procedures. Mediation is at the forefront. It is anticipated around 80,000 more small claims track cases will automatically be referred to mediation. The small claimsContinue Reading

Verbal contracts can be adjudicated

The provisions of the Housing Grants, Construction and Regeneration Act 1996, which came into force on 1 May 1998, enabled disputes to be determined by an adjudicator for all construction contracts executed in writing. This Act has now been modified by the Local Democracy, Economic Development, and Construction Act 2009, enabling adjudication to be usedContinue Reading