2022 edition of the Chancery Guide came into force from 29 July. This is
the first new edition of the guide since 2016, and it contains substantial
changes which will be discussed in the 2nd edition of the Contentious Probate
Handbook, which I am planning to write next year.
See: The Chancery Guide 2022 | Courts and Tribunals Judiciary
ADR – Note:
‘10.8 The court may also stay the case or adjourn a hearing of its own motion to encourage and enable the parties to use ADR. The stay will be for a specified period and may include a date by which representatives of the parties with authority to settle and their legal advisers are required to meet, or a requirement for parties to exchange lists of neutral individuals who are available to carry out ADR and seek to agree on one. If agreement cannot be reached, the CMC can be restored for the court to facilitate agreement. Although the court may strongly recommend mediation, it cannot order that a mediation takes place and will not recommend an individual or body to facilitate ADR
10.10 Any order staying the case for ADR may (but is not required to) include an order as to the liability of the parties for the costs they incur in using or attempting to use ADR. Such order will usually be (a) costs in the case or (b) each side to bear its own costs.’
The court does have the power to order madatory JENE, see my article about JENE on the publications page at www.carlislam.co.uk.