
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
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Temple Garden Chambers barristers have been at the forefront of developments in Alternative Dispute Resolution (‘ADR’), shaping the development of ADR models tailor made to their clients’ needs in the fields of personal injury, clinical negligence, insurance, commercial agreements and costs.
Temple Garden barristers have established a strong reputation for excellence in ADR tactics and advocacy, both written and oral, and a track record of success of the full range of ADR modalities:
The requirement to consider ADR has existed since Halsey v Milton Keynes General NHS Trust [2004], but historically ADR tended to be mediation alone and uptake had been very slow.
There was significant growth in the use of conciliatory and evaluative dispute resolution prior to 2020. However, the pandemic and ensuing Court backlog has driven an explosion of interest in and the use of ADR and this trend is being accelerated by a number of factors, including Sir Geoffrey Vos MR’s endorsement of the Civil Justice Council’s report (12 July 2021) on ‘Compulsory ADR’:
“As I have said before, ADR should no longer be viewed as ‘alternative’, but as an integral part of the dispute resolution process; that process should focus on ‘resolution’ rather an ‘dispute’ and open the door to a significant shift towards earlier resolution.”
The Courts now have powers to order Early Neutral Evaluation, even where one party does not consent: Lomax v Lomax [2019]. The NHSR are backing ‘Mandatory’ Neutral Evaluation for Clinical Negligence claims, and the take up of evaluative solutions that mirror a Court trial is continually increasing:
“The advantage of an Evaluation process over mediation is that a person with subject matter expertise evaluates the parties’ cases in a direct way and provides an authoritative view of the legal issues of the case and an experienced evaluation of the strength of the evidence.” Norris J in Seals & Anor v Williams [2015]
Temple Garden Chambers barristers are expert in assisting clients in the selection of the correct ADR modality for their particular dispute and guiding then through to successful resolution of their claims.
Members of chambers also offer services as specialised costs mediators, whether through CADR or by way of direct instructions.
For more information contact our clerks on +44 (0)20 7583 1315 or send us an email.
Lionel Stride (instructed by Rebecca Smith at Stewarts and closely assisted by James Arney KC in preparation for the mediation) represented the passenger (a qualified pilot) in a High Court claim arising out of a light aircraft accident, allegedly caused...
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Marcus Grant represented a 36-year-old prison officer who recovered £430,000 in respect of a mild traumatic brain injury [“MTBI”] and associated audiovestibular [“AV”] and psychological injuries after being knocked off her motorcycle at low speed. Following the accident she developed...
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High Court spinal cord injury claim. Lionel is being led by Simon Browne QC (instructed by Amber Braybrooke and Patrick Maguire) in a tragic spinal cord injury case arising out of high-speed collision. The Claimant was a teenager at the...
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High Court clinical negligence case. Lionel Stride (instructed by Laura Cleevely at Slater & Gordon) represented the family of a patient who tragically died following a negligent failure to diagnose a facial lesion as Squamous Cell Carcinoma despite vulnerability from...
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High Court clinical negligence case. Lionel Stride (instructed by Mathew Smith of Slater & Gordon) represented a man who had been misdiagnosed with metastatic cancer rather than (transient) inflammatory disease, leading to intensive pharmacological treatment that caused permanent physical harm...
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High Court clinical negligence case. Lionel Stride (instructed by Iona Smith and James Roberts at Gaby Hardwicke) represented an elderly lady who tragically lost a leg as a result of an alleged failure to diagnose a pseudoaneurysm following re-hospitalisation after...
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