About us

Greene & Greene is a long established firm of solicitors based in Bury St Edmunds, Suffolk. Our lawyers advise individuals and businesses based all over the UK.

We regularly attract new clients who have been using firms in London, but now receive a more cost efficient and more personal service from us here in Bury St Edmunds.

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Entries in Arbitration (2)

Wednesday
Dec022015

Alternative Dispute Resolution for Traders and Consumers - The New Law

Alternative dispute resolution (commonly referred to as ADR) is the process whereby an independent and impartial third party (an ADR provider) considers the evidence in a dispute and makes a decision or brokers a settlement between the parties.  ADR offers the parties to a dispute an alternative to pursuing what could be a protracted and costly case through the Courts.

In 2015 ADR for Consumer Disputes Regulations have been passed and apply to all businesses in the UK that sell goods, services or digital content to consumers (except health professionals).  In particular, with effect from the 1 October 2015, all traders selling to consumers are required to give certain information to consumers if, having received a complaint from the consumer, they have been unable to resolve that complaint through their internal complaints process.  The information that must be given includes:

  •             details of a certified ADR provider to whom the dispute or complaint could be referred; and
  •             confirmation of whether the trader intends, or is obliged, to use that provider.

For certain traders (including those in sectors such as financial services, energy and communications), their regulators or trade bodies already require them to offer ADR, and where this is the case, those traders must provide further information in their terms and conditions.  This review and update should take place immediately.  For all other traders, ADR is not mandatory, and they are only required to provide the required information at the end of the complaints process.  These traders should review their procedures for dealing with customer complaints or disputes to ensure that they are regulation compliant.

Irrespective of that, it is important that traders do give serious consideration and take legal advice if necessary before rejecting ADR as the Courts have recently ordered that an unreasonable failure to engage in ADR could result in that party being penalised at the conclusion of the trial i.e. you could win your case but not recover costs if you have unreasonably rejected ADR.

There will be further demands placed on traders in January 2016 when the European Commission will set up the Online Dispute Resolution platform (ODR).  This will allow consumers who have a complaint about a product or service bought online to submit the complaint via an online complaint form to a trader based in another European country.  From 9 January 2016 all online traders must include a link on their website to the ODR platform, which will be in addition to the requirement to give details on the website of the named certified ADR provider. 

For more information on ADR or a dispute that you may have, please contact Henry Nydam in our dispute resolution department on 01284 717433 or by email: henrynydam@greene-greene.com.  For more information on Greene & Greene go to www.greene-greene.com and follow us on Twitter @greenegreenelaw. 

 

Tuesday
Sep222015

Arbitration: A Swift Cost Effective and Confidential Solution to your Dispute

 

Litigation to resolve a dispute can be a drawn out and expensive process and changes within the Court Service over the course of the past few years have not improved matters.  For example, did you know that the fee payable to the Court for the issuing of a claim worth over £200,000 is now £10,000?  It is rumoured that further Court fee increases may be in the pipeline.  Courts are also being closed and we have seen trials not being listed for up to nine months after all procedural steps are completed, with parties simply waiting for a Court and a Judge to become available.

We have always prided ourselves on achieving swift and cost effective “dispute resolution” solutions for our Clients.  Working with a number of leading Barristers Chambers we are now able to offer a private arbitration service.  This is a sensible alternative to Court proceedings in those cases where a solution cannot be negotiated between the parties.

The advantages of arbitration include the binding determination of the dispute:

  1. by an experienced barrister (many of the barristers involved hold judicial roles);
  2. within a timescale determined by the Client;
  3. within a budget determined by the Client; and
  4. that produces a confidential outcome.

For more information please contact Michael Batty (01284 717415 or michaelbatty@greene-greene.com) and Andrea Nicholls (01284 717531 or andreanicholls@greene-greene.com) in our Dispute Resolution Department.  Follow Greene & Greene via Twitter @greenegreenelaw.