ADR sanctions

Speaking at the Inner Temple, Lord Phillips, the Master of the Rolls, encouraged the use of judicial powers to punish solicitors and parties with costs orders for non-compliance with the Woolf reforms, especially ADR orders as in Dunnett v Railtrack (21/LL p58). He cited as a role model the Commercial Court’s case management of ADR and thought that district judges required additional resources and training to do likewise. Costs sanctions should be used across the board to ensure conformity with pre-action protocols and other failures to comply with the Woolf reforms.