ADR – what litigators need to know in 2025

The reality of 2023’s landmark Churchill ruling, in which the Court of Appeal declared that judges are free to direct parties to engage in ADR, is now with us. Following the October 2024 rule changes that embedded this into the CPR, Miles J in DKH Retail Ltd v City Football Group Ltd [2024] EWHC 3231 (Ch) ordered mediation in a matter that was perilously close to trial. There is no going back – the overriding objective now includes promoting or using ADR. It is a fundamental of contemporary litigation today.

This webinar will look at all key issues including:

• Churchill
• The package of CPR reforms introduced in October 2024
• How PGF – the 2013 ruling that established how ignoring an offer to mediate is unreasonable and may result in costs sanctions – brought about a sea change
• When should ADR take place?
• Can a party legitimately refuse to agree?
• Who pays for it?
• Bad excuses for rejecting ADR
• What ADR can achieve that no court could order.