ADR for Financial List?Regulatory action against banks has been a principal theme in financial services litigation in recent years. The most notorious regulatory finding against UK banks concerned misselling of payment protection insurance (PPI), which according to the Financial Conduct Authority (FCA), has cost lenders more than £20bn since January 2011

Further investigations have revealed manipulation of more sophisticated products and market mechanisms. These include the foreign exchange (FX) scandal, where traders manipulated the value of currency to obtain a profit, and the  …

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ADRThe UK government has unveiled yet another ADR initiative for small and medium-sized enterprises (SMEs). The latest plan from the Department for Business, Innovation and Skills (BIS) is for a Small Business Conciliation Service intended to “help small businesses settle their problems with large corporations” and to “avoid expensive legal costs and maintain business relationships by reaching mutually satisfactory agreements”.

The service has been designed to help in cases involving late payments which negatively impact cash-flow. Without the same liquidity  …

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arbitration-as-redressIn a bid to widen access to justice for those with complaints against the UK press, the Independent Press Standards Organisation (IPSO) launched a three-month consultation on 16 June over proposals to introduce arbitration as a quicker and more effective method of redress. According to IPSO, the consultation is seeking comment on a host of issues, including whether arbitration should be mandatory; whether awards should be capped; how legal costs should be recovered; what sort of timescale should the process  …

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Resist joint sessionsResistance to joint sessions is growing on both sides of the Atlantic. So, is mediation evolving or regressing?

Market resistance to the use of joint sessions is best illustrated by data from a survey of JAMS neutrals conducted in April 2015. 76% of JAMS’s 300-plus neutrals responded, and the data show both a decline in the use of joint sessions, and a clear discrepancy between East and West Coasts. 80% of neutrals surveyed used joint sessions when they first started  …

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