Mediation involves neutral third party intervention to facilitate settlement of disputes (Section II). It is on the rise (Section IV), partly because it is encouraged by Government in various ways (Section V) and by the European Union (Section VI). Detailed global investigation of mediation (see...

There are two main perspectives. The first concerns the central responsibilities of the non-parties (lawyers, arbitrators, institutions, national legal systems and the global system) to promote just and effective arbitration. As for the parties' rights, these arise at three main stages: (i)...

The author identifies an `anti-termination' bias in the judicial classification of terms (and in some legislative intervention). The problems engendered by this bias are, first, a weakening of the innocent party's protection in the face of breach; weakening of commercial discipline overall in...

English law has clarified the scope of legal advice privilege ('attorney-client privilege') and confirmed that only lawyers and not, for example, accountants, can give such privileged legal advice and support. There are sound reasons for sustaining this clear rule. First, confining this...

In England 'multi-party' litigation can take various forms, of which the most important are (a) the opt-in system of Group Litigation Orders and (b) the opt-out system of Representative Proceedings. Category (b)n can yield damages to be distributed amongst the represented class, as recent case...

This article examines the leading principles governing interpretation of written contracts under English law. This is a comprehensive and incisive analysis of the current law and of the relevant doctrines, including the equitable principles of rectification, as well as the powers of appeal...

The English costs rules were amended in April 2013 to implement Sir Rupert Jackson's Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of...

Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...

This article examines the modern 'squeeze' upon court proceedings. England remains committed to attracting cross-border contentious legal work. The administrators of the courts system and of mediation and arbitration bodies share the goal of improving civil justice in all its forms. Mediation is...