Civil Justice Council encourages early ADR

June 2008

Following the ruling of Halsey v Milton Keynes General NHS Trust, the Allocation Questionnaire, sent out after the commencement of proceedings, places much greater emphasis on ADR and settlement.

The Civil Justice Council proposed changes to the Questionnaire which has been amended with effect from 1 April 2008.  Previously, parties were allow to request a 30 day stay of proceedings in order to try and negotiate a settlement.  Now, however the Questionnaire states that parties must make:

“every effort to settle the case before the hearing”

and asks much more detailed questions regarding how the parties intend to attempt settlement and why settlement discussions are not possible.

It is likely that the parties' response to such questions may have an impact on any award of costs made should the matter proceed.

This article contains information on current legal issues but is for information purposes only.  It should not be relied upon or be construed as advice or applied to any particular set of facts.  If you have a particular issue please take professional advice.