What does Alternative dispute resolution mean? Alternative dispute resolution (ADR) describes processes used to resolve disputes without issuing or continuing court proceedings. Common forms include negotiation, mediation, early neutral evaluation, expert determination, adjudication (particularly in construction), ombudsman schemes and, in many UK and Irish contexts, arbitration. ADR is a descriptive term rather than a single statutory definition. Individual processes are governed by legislation and court rules. In England and Wales, Scotland and Northern Ireland, courts encourage ADR through procedural rules and case law, with potential costs sanctions for unreasonable refusal to engage. In Ireland, the Mediation Act 2017 promotes mediation and requires solicitors to advise...
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This Practice Note examines judicial tenders in the setting of Scottish civil actions involving multiple parties, in particular where a plurality of parties is present.
It outlines sources of related guidance and mechanisms.
For guidance on the following, see:
Frequently, there are actions in which more than one pursuer is involved, each advancing a distinct crave, or conclusion.
This situation commonly arises, for example, where family members seek damages for the death of a relative.
Where a defender intends to resolve each pursuer’s claim by lodging a tender, a separate tender must be made to each pursuer, which...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...