Alternative Dispute Resolution

DKH Retail Ltd & Ors v City Football Group Ltd

Issue 296 - February 2025

Did the court have the power to order parties to mediate, even if one disagreed?

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Kajima Construction Europe (UK) Ltd & Anr v Children’s Ark Partnership Ltd

Issue 274 - April 2023

Was compliance with the dispute escalation procedure a condition precedent to issuing a claim at court? Was that procedure sufficiently certain to be enforceable?

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Children’s Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd & Anr

Issue 268 - October 2022

Was compliance with the dispute escalation procedure a condition precedent to issuing a claim at court? Decision affirmed on appeal: see Issue 274.

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Richards & Anr v Speechly Bircham LLP & Anr

Issue 265 - July 2022

Had there been a refusal to mediate? If so, what was the consequence?

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Patel & Anr v Barlows & Ors (No. 2)

Issue 247 - January 2021

Had there been a refusal to mediate? If so, would there be a costs’ penalty?

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