April 2006: Amendment to Civil Procedure Rules encourages ADR

The 41st amendment to the Civil Procedure Rules has come into force from April 2006. Each of the Pre-action Protocols and their Practice Directions contain new wording which extends ADR consideration to all types of cases before issue. Whilst ADR will not be compulsory there is an increased likelihood of penalty if it is not taken up as an option.

"The Courts take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is still being actively explored. Parties are warned that if the protocol is not followed (including this paragraph) then the Court must have regard to such conduct when determining costs".
[ 41st Update of the Civil Procedure Rules, Practice Direction Protocols, Section II, Paragraph 4.7 ]