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Incidentally if (when) this goes ahead, the result will be:-

1) Increased used of ADR to recover commercial debts. But not the ADR that the bewigged Court of Appeal judiciary think is a panacea for all (well, all except Russian Oligarchs). The type of ADR involving getting tanked up at the pub and taking a baseball bat. They type of ADR where I read a story that a sub-contractor pulled half a woman's house down on the assumption that they were entitled to remove their "goods" (being patio doors and windows) that had not been paid for.

2) Much increased use of statutory demands and winding up / bankruptcy petitions.

3) Increased insolvencies, IVAs CVAs, etc., as it will make no economic sense to pursue recovery of a debt when you can simply close your business and start again.

4) Reduced tax-take because of the above.

5) EVEN MORE unrepresented claims. You will have complex Standard Form JCT contracts disputes in the Multi Track where the two builders will turn up on the day without having disclosed anything, given any witness statements and expecting to have an argument in court based on an "agreement" written on the back of a bag of gypsum plaster.

6) MORE cases being diverted to the small claims, with parties issuing for £10,000 rather than more.

7) FEWER cases going to mediation or ADR.

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