Resolving Mass Disputes

Resolving Mass Disputes

ADR and Settlement of Mass Claims

Edited by Christopher Hodges and Astrid Stadler

The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach.

Chapter 5: Settlement and its pitfalls in England and Wales

Christopher Hodges

Subjects: economics and finance, law and economics, law - academic, arbitration and dispute resolution, comparative law, consumer law, law and economics, law and society


The civil procedure system in England and Wales has now had over 12 years’ experience with settlement being a formal goal of civil procedure, under the Civil Procedure Rules 1998 (CPR), but settlement has been embedded in the common law system for at least a century. However, the reforms inspired by first Woolf and recently Jackson show that costs rules, funding arrangements, lawyers’ culture, and general policy all have significant impact on settlement rates, and when and how settlement occurs.

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