Alternative means of dispute resolution are increasingly favoured by negligence professionals in London, with many lawyers now encouraging clients to take the path of alternative dispute resolution (ADR), arbitration, or mediation when pursuing claims. In fact, many courts, including the Technology and Construction Court have a positive view of this type of resolution, saving as it does on both costs and timely processes.
Movements in litigation
However, this movement towards conciliatory approaches does not mean that there has been a move away from all forms of litigation. In fact, Ministry of Justice (MoJ) figures for 2011 showed that for the year detailed, the volume of litigation handled by the High Court in London in those twelve months increased by around 7%.
Despite this there was not uniform movement across all courts. For example, the Queen’s Bench Division and Chancery Division both saw claims fall, while there was a rise in claims in the Technology and Construction Court, Companies Court, and the Commercial Court.
In fact, although there had been a significant rise in the claims for negligence that professional London lawyers dealt with in 2009, the MoJ figures showed that this growth had not only been arrested but pushed in the other direction, with falls in professional negligence claims at the Chancery Division and the Queen’s Bench Division by 32 percent in 2010 and by between 8 and 20% in 2011.
Much of this is thought to be attributable to the increasing popularity and effectiveness of alternative dispute resolution and pre-emptive settlement.
Interestingly, the Technology and Construction Court, which is known for its sensible use of adjudication, actually says there has been an increase in litigated professional negligence claims in 2011 – with claims up by 7%. The Commercial Court was another where claims rose – with claims up by 20% in 2011.
Healys of London professional negligence specialists
There are many ways to ensure favourable resolution of a professional negligence dispute. Healys of London can guide you through your options to help you secure the resolution that is in your best interests.
We are powerful litigators but we are also experts in securing successful outcomes through less contentious means, such as ADR, mediation, and arbitration.
For more information about securing your goals, contact our negligence professionals in London today.