Ian Cohen, Non-Executive Director
Further Consolidation of the PI & CN Legal Market
No sooner had we started back at the gym to honour our New Year’s resolutions, the consolidation of the PI & CN legal market continued apace and shows no sign of letting up. On 7th January, Fletcher Group announced that it had agreed terms to acquire a fellow North West law firm, Scott Rees & Co. The deal, due to be completed by the end of February 2025, will see 97 fee earners and support staff move over to Fletchers.
Fletchers, backed by Sun European Partners, now employs more than 1,000 people following a series of acquisitions. Its last purchase was Serious Injury Law in February 2024, and since then, additional funding has been secured from Pemberton Asset Management. In announcing the deal to acquire Scott Rees, Fletchers Group CEO, Peter Haden, made it clear that the firm is actively looking for further acquisitions.
Is 2025 the Year for ADR to Finally Achieve Mass Adoption?
In December 2023, the Court of Appeal case of Churchill v Merthyr Tydfil County Borough Council confirmed that judges have the power, in appropriate circumstances, to order parties to participate in ADR.
With effect from 1st October 2024, the Civil Procedure Rules were amended so that the overriding objective now makes it clear that the court’s obligation to deal with a case justly and at proportionate cost includes ‘promoting or using alternative dispute resolution’ (r.1.1(2)(f)). Active case management by the courts now includes ‘ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution’ (r.1.4(2)(e)).
We now also have the judgment in the case of DKH Retail Ltd v City Football Group Ltd [2024] EWHC 3231 (Ch), where the defendant opposed the claimant’s application for an order for compulsory mediation. The defendant argued, in part, that such mediation would fail. However, Mr Justice Mills was persuaded that a “short sharp” mediation had prospects and granted the claimant’s application. Notably, the parties later notified the court on 13th January 2025 that they had settled the dispute.
The judiciary’s renewed focus on ADR reflects its commitment to addressing long-standing challenges within the litigation process, such as overburdened court systems, rising litigation costs, and prolonged case timelines. ADR methods, such as mediation, offer a faster, more cost-effective solution and provide parties greater control over outcomes compared to traditional court rulings.
As 2025 progresses, both businesses and individuals may find themselves more inclined to adopt ADR proactively, rather than waiting for a judicial mandate. This shift could mark a cultural change in how disputes are resolved in the UK.
Case Update: Re PW [2024] EWCOP 16
Those involved in litigation relating to catastrophically injured claimants are anxiously awaiting the judgment of Her Honour Judge Hilder. This judgment will determine whether the court will ratify the appointment of an in-house Deputy, despite the existence of a clear conflict of interest.
In cases involving catastrophic injuries, the role of a Deputy is critical, particularly when overseeing financial decisions and ensuring the claimant’s long-term needs are met. The controversy in this case arises from whether an in-house Deputy, connected to the party responsible for managing the claimant’s affairs, can truly operate without bias.
Ian Cohen
PLG Consultants, 30th January 2025
