To order or not to order compulsory ADR: there is no question
Specialist commercial law barristers David Parratt QC and Rebecca Farrell review the Civil Justice Council’s Report, ‘Compulsory ADR’.
David Parratt QC (Scot)
Year of Call: 1999
Year of Silk: 2017
Email Address: david.parratt@3pb.co.uk
Telephone: 020 7583 8055
Clerk Name: David Fielder
Clerk Telephone: 020 7583 8055
Clerk Email: david.fielder@3pb.co.uk
Commercial
David has a considerable reputation as a commercial litigator acting in contract, trust, bankruptcy, employee bonuses, debt recovery and financial services disputes.
Representative Court Cases
- The Parachute Regiment Charity v Hay [2019] 3 WLUK 539 (Aberdeen Sheriff Court) Action of accounting brought by beneficiaries under a will against an executrix and whether the legacy in favour of another principal and specific beneficiary had expired by operation of the legal concept of “ademption”.
- Scottish Water v. West Lothian Council 2018 (Livingston Sheriff Court) Resisting Statutory Enforcement Notice served on the scottish statutory water authority by the local authority in connection with statutory drainage obligations.
- MacLean v Greater Glasgow Health Board [2017] (Inner House, Court of Session) Appeal. Powers of the Auditor of the Court of Session (Taxing Master) in taxing expenses (costs).
- MacMillan v The Receivers of T Leith Developments Ltd (in receivership and in liquidation) [2017] CSIH 23 (Inner House) 5 Judge Appeal Court, application of floating charges and securities in property matters.
- Glasgow City Council v Unison Claimants [2017] CSIH 34; 2017 S.C. 611; 2017 S.L.T. 729 (Inner House) Appeal re. ‘pay protection’, ‘employee’ and 'gender discrimination’ in the use of bonuses.
- JS and CS v Children's Reporter Court of Session [2016] CSIH 74; 2016 S.L.T. 1235 (Inner House) Appeal. Children's Hearings Rules and whether there was an automatic entitlement to cross-examine young children in open court.
- Auchnie v. Auchnie [2014] CSIH 102; 2015 SC 320 (Inner House) Appeal. Consideration by appellate court of rights of appeal directly to the Inner House from a decision of the lower court which was not a final judgement.
- Pattullo v. Furby & Graham 2016 (Outer House) Action at the instance of a Trustee in Bankruptcy seeking reduction of a conveyancing deed as a gratuitous alienation.
- Auchnie v Auchnie [2016] CSOH 70; 2016 S.L.T. 740 A beneficiary under the will sought reduction of a decree (judgement) of the sheriff principal.
- International Pairs Limited v. (1) The Government of Monserrat and (2) Hon. Dr Lobell Lewis, Past President of Monserrat. Eastern Caribbean Supreme Court, sitting in Monserrat. Action for payment by English Company against the Government of Montserrat.
- Ahmed v. Asghar (Commercial Court) 2015 Dispute in connection with investors' monies in a Dubai property scheme with value in excess of £lm.
- Kathellan Limited v. Baxters Food Group (Commercial Court) 2012 Declaration Action in respect of Keep Open clause in a commercial lease.
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Articles -
To order or not to order compulsory ADR: there is no question
22nd Jul 2021View Article -
The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences
8th Jun 2020View Article3PB’s specialist commercial law barristers David Parratt QC and Rebecca Farrell review the cost consequences for lawyers and their clients of a refusal to engage in ADR.
The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the actions of the parties in relation to offers of ADR as to whether they are ‘reasonable’ or not. Even the failure to respond to a Part 36 Offer alongside an offer to mediate, can of itself potentially signify an unreasonable refusal to engage with ADR.
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Academic qualifications
- LLB (Hons) University of Aberdeen (1992)
- DipLP (University of Aberdeen) (1993)
- PhD (University of Edinburgh) (2004)
- DipICArb (Chartered Institute of Arbitrators) (2008)
Professional qualifications & appointments
- Honorary Professor of International Arbitration, School of Law, University of Aberdeen. (January 2017-to date)
- Co-Director of the Aberdeen University International Arbitration Summer School (2017 – to date)
- Visiting Lecturer, International Commercial Arbitration, and Oil and Gas Dispute Resolution, University of Aberdeen (2016-17)
- Honorary Senior Lecturer, International Construction Law and Arbitration, British University in Dubai (BUiD) (2010 - 15)
- Honorary Research Fellow, International Dispute Resolution, School of Law, University of Dundee (2008-2015)
- Honorary Lecturer, International Arbitration, Centre for Petroleum, Minerals, Law and Policy, (CEPMLP) University of Dundee (2007-10)
Professional bodies
- Freeman of The Worshipful Company of Arbitrators
- Fellow of the Royal Historical Society (FRHistS)
- Fellow of the Society of Antiquaries of Scotland (FSAScot)
- Fellow of the Society of Legal Scholars (SLS)
- Member of the School of Advanced Legal Studies (FSALS)
- Member of the British Institute of International and Comparative Law (BIICL)
- The Honourable Society of Lincoln’s Inn
- The Faculty of Advocates
- The Bar of Northern Ireland
- The Chartered Institute of Arbitrators
- TECBAR
- COMBAR
- The Arbitration Club (Oil & Gas Chapter)
Faculty of Advocates’ Positions
- Member of various Committees including: Faculty Council (2003-6; 2012-17)
- Curator of the Advocates Library (2005-8)
- Quality Assistance Panel Working Group(2015-7)
- Quality Assurance Scheme for Advocates (2016 - present)
- The Training Committee (2012-present)
- Scheme for Fees Committee (2014); Board of Assessors (2012 -present)
- CPD Reorganisation Committee (2016-7)
- Malawi Pro Bono Group (2014); International Committee (2016-present)
- Faculty Arbitration Group and Board member of the Faculty Dispute Resolution Service (FDRS) (2008-present)
- Special adviser to the Personal Injury Arbitration Group (2016-present).
Director of Training and Education, with responsibility for the training of devils in written and oral advocacy and for ongoing training of members of Faculty in advocacy skills and for the Quality Assurance Assessment. (2012-2017)
Advocacy Trainer and Assessor of Advocate Assessors for the Faculty Quality
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3PB’s specialist commercial law barristers David Parratt QC (pictured right) and Rebecca Farrell (pictured left) have reviewed a recent report published by the Civil Justice Council entitled ‘Compulsory ADR (“the Report”). The Report has generated much interest since the authors of the Report consider ‘any form of ADR which is not disproportionately onerous and does not foreclose the parties’ effective access to the court will be compatible with the parties’ Article 6 rights’. This is...
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