|
CASE |
DATE |
SUBJECT |
|
Aird and Another -v- Prime Meridian Limited
- Court of Appeal - [2006] EWCA Civ 1866 |
December 2006 |
Privilege in agreed experts'
statement used in mediation does not exist - see
Quarterly Update
January 2007 |
|
Brown -v- Rice and Patel and ADR Group
- Chancery Division - [2007] EWHC
625 (Ch) |
March 2007 |
Privilege -
without prejudice negotiations - can the court look at
negotiations in a mediation to see whether there was a concluded
settlement?
Mediation
Agreement - can there be a settlement if it is not recorded
in writing and signed by the parties?
See
Quarterly Update
April 2007 |
|
Burchell NF -v- Bullard, Mr
& Mrs, & Others
-
Court of Appeal -
[2005] EWCA Civ 358 |
April 2005 |
Costs sanction - following
failure to agree to mediate at a time before the start of
litigation - application of Halsey principles - see
Quarterly Update June 2005 |
|
Burne, Dr SR
–v- “A” - Court of Appeal - [2006] EWCA Civ
24 |
January 2006 |
Encouragement to mediate -
before the re-trial of a professional negligence claim against a
Doctor - see
Quarterly Update July 2006 |
|
Cable & Wireless PLC -v- IBM
United Kingdom Limited
- Mr Justice Colman - [2002]
EWHC 2059 (Comm) |
October 2002 |
Agreement to mediate disputes
- enforceability of agreement - adjournment of application until
after mediation |
|
Chantrey Vellacott -v- The Convergence Group PLC and Others
- High Court - Mr Justice Rimer -
[2007] EWHC 1774 (Ch) |
April 2007 |
Costs of
mediation after proceedings started - recoverable - court
decided who should pay by looking at conduct in the
mediation, the parties having waived privilege for that purpose |
|
Couwenbergh v Valkova
- Court of Appeal - [2004] EWCA Civ 676
|
May 2004 |
Costs sanction - court draws
attention in clear terms to the parties and the Legal Services
Commission of a failure to mediate despite encouragement to do
so (following the decision in Halsey) |
|
Cowl and Others -v- Plymouth
City Council - Court of
Appeal - [2001] EWCA Civ 1935 |
December 2001 |
Costs sanction
following failure to agree to mediate (but now see Halsey) |
|
Cumbria Waste Management Limited, Lakeland Waste Management
Limited and Baines Wilson (a Firm) - High
Court - Her Honour Judge Frances Kirkham sitting as a High Court
Judge - [2008] EWHC
786 (QB) |
April 2008 |
Privilege, Confidentiality and
Mediator Privilege - Defendant solicitors to a negligence
action in relation to contract drafting work were refused
disclosure of mediation papers in circumstances where the other
party to the mediation, DEFRA, objected. DEFRA were not a party
to the litigation but appeared at the hearing. Acknowledgement
that Mediators may have privilege in their own papers. See
Quarterly Update May 2008 |
|
Dunnett (Susan) -v-
Railtrack PLC
- Court of Appeal [2002] EWCA Civ 302 |
February 2002 |
Costs sanction
following failure to agree to mediate (but now see Halsey) |
|
Egan -v- Motor Services (Bath) Limited
- Court of Appeal -
[2007] EWCA Civ 1002 |
October 2007 |
Encouragement
to mediate - the parties spent in the region of £100,000
arguing over a claim which was worth about £6,000. |
|
Framlington Group Limited and
Anor –v-
Ian Barnetson
- Court of Appeal [2007] EWCA Civ 502
|
May 2007 |
Privilege
- refusal to allow a party to rely on matters discussed in
without prejudice meetings (not in a mediation) |
|
Hall and Another –v-
Pertemps Group Limited and Another –
High Court,
Chancery Division, Mr Justice Lewison - reported in The Times on
23 December 2005 (click
here
for The Times) or [2005] ADR LR 11/01 |
November 2005 |
Costs - without prejudice and
Part 36 offer - see
Quarterly Update, January 2006 |
|
Halsey
-v- Milton Keynes General NHS Trust
and Steel -v- Joy and Halliday - Court of Appeal - [2004]
EWCA Civ 576 |
May 2004 |
Costs sanction following
failure to agree to mediate - principles to be applied; compulsion by court
to mediate - mediation will not be forced on parties (but there
may be cost sanctions) |
|
Hurst -v- Leeming
-
Mr Justice Lightman
- [2001] EWHC 1051 (Ch) |
May 2002 |
Costs sanction following
failure to agree to mediate - not applied on grounds that
mediation was not appropriate on these facts (but now see
Halsey) |
|
IDA Limited and
Others –v- University of Southampton and Others
- Court of Appeal -
[2006] EWCA Civ 145 |
March 2006 |
Encouragement to mediate -
costly litigation over who owned a patent - see
Quarterly Update July 2006 |
|
Kinstreet Limited and
Another -v- Balmargo Corporation Limited and Others
- The Honourable Mrs Justice Ardern
- Unreported |
August 1999 |
Compulsion by court to
mediate - order to mediate made against unwilling party (but now
see Halsey) - origin of "Kinstreet" Orders |
|
Leicester Circuits Limited
-v- Coates Brothers PLC
- Court of Appeal - [2003] EWCA Civ
333 |
March 2003 |
Costs sanction - party
withdrew from mediation after appointment of mediator and
delivery to him of submissions (but now see Halsey) |
|
Lobster Group Limited -v- Heidelberg Graphic Equipment Limited
and Close Asset Finance Limited -
Technology and Construction Court - Mr Justice Coulson - [2008]
EWHC 413 (TCC) |
March 2008 |
Costs of mediation incurred
pre-action - application for security for costs - not "costs
of and incidental to the proceedings" under Section 51, Supreme
Court Act, 1981 - costs not recoverable |
|
Malmesbury (Earl of) and Strutt & Parker and Anor
- High Court - Mr Justice Jack - [2008] EWHC 424
(QB) |
March 2008 |
Costs sanction
- where both parties are unreasonable in a
mediation, there is no costs sanction. However, one party acting
unreasonably would be in the same position as a party refusing
to mediate and, therefore, at risk of a cost sanction. Note that
privilege was waived by both parties. |
|
McMillan Williams -v- Range
- Court of Appeal - [2004] EWCA Civ 294 |
March 2004 |
Costs sanction - following
the exhortation to mediate of lower tier Judge |
|
Multiplex Constructions Limited v Cleveland Bridge UK Limited
and Cleveland Bridge Dorman Long Engineering Limited
- Technology and Construction Court - [2006] EWHC
1341 (TCC) |
June 2006 |
Encouragement to mediate -
after a trial on preliminary issues |
|
Muman
(Sat Pal) and Others -v- Bhikku Nagasena
- Court of Appeal -
[1999] EWCA Civ 1742 |
July 1999 |
Stay of court proceedings for
reasons unconnected with mediation - ordered not to be lifted
until after attempt made to resolve disputes by mediation (but
now see Halsey) |
|
National Westminster Bank PLC -v- Thomas James Feeney and Linda
Catherine Feeney -
Supreme Court Costs Office - [2006] EWHC 90066 (Costs) and on
Appeal to Mr Justice Eady sitting with Assessors in May 2007
(Appeal unreported but noted
here on CEDR's web site) |
May 2007 on appeal from the earlier
decision in November 2006 |
Costs of mediation after
proceedings started - are they
recoverable on later assessment?
See
Quarterly Update, July 2007 |
|
Nigel Witham Limited v Robert Smith and Jacqueline Isaacs (No.
2) -
Technology and Construction Court - His Honour Judge Peter
Coulson QC - [2008] EWHC 12 (TCC) |
January 2008 |
Costs
sanction - a party who succeeds in litigation may be
prevented from recovering some of their legal costs from the
other party if the successful party had unreasonably delayed a
mediation - no such order was made on the facts of this case |
|
P4 Limited -v- Unite Integrated Solutions PLC -
Technology and Construction Court - [2006] EWHC
2924 (TCC) |
November 2006 |
Costs sanction - how to
approach the analysis as to whether there was or was not an
unreasonable refusal to mediate and whether a cost sanction
should be imposed |
|
Reed Executive PLC and
Another -v- Reed Business Information Limited and Others
- Court of Appeal - [2004] EWCA Civ 887 |
July 2004 |
Costs Sanction -
consideration, post Halsey, as to whether or not
there had been an unreasonable refusal to mediate -
consideration of "without prejudice" rule as to disclosure of
documents going to consideration of any refusal to mediate |
|
Royal Bank of Canada -v-
Secretary of State for Defence
(on
CEDR's web site)
-
Mr Justice Lewison
- [2003] EWHC 1841 Ch |
May 2003 |
Costs sanction
- government pledge for ADR not followed
(but now see Halsey) |
|
Ruttle Plant Hire –v- The Secretary of State for the Environment
and Rural Affairs
– Technology and
Construction Court – Mr Justice Ramsay – [2007] EWHC 2870 (TCC) |
December 2007 |
Economic duress - setting
aside mediated settlement agreement - preliminary issues only -
see
Quarterly Update, January 2008 and also an
article in Building: "Keeping
mum about mediation" |
|
Shirayama Shokusan Company Limited and Others -v- Danovo Limited
- Mr Justice Blackburne - [2003]
EWHC 3006 (Ch) |
December 2003 |
Compulsion by court to
mediate - order to mediate made against unwilling party (but now
see Halsey) |
|
Shirayama Shokusan Company Ltd v
Danovo Ltd (No 2) - Mr Justice Blackburne -
[2004] EWHC 390 (Ch) - Unreported |
February 2004 |
Attendance
- Court order requiring attendance of particular people at
mediation? - The court held that it had jurisdiction, in
order to render a court-ordered mediation efficacious, to order
a party to be adequately represented at the mediation; but it
would be an exorbitant exercise of jurisdiction to direct by
whom the Claimants should be represented. |
|
SITA -v- Watson Wyatt and
Maxwell Batley (A Firm)
(on
CEDR's web site) - Mr Justice Park - [2002] EWHC 2401
(Ch) |
November 2002 |
Costs sanction following
failure to agree to mediate - not applied on grounds that
mediation was not appropriate on these facts (but now see
Halsey) |
|
Thakrar (Kirit Lalji) -v-
Ciro Citterio Menswear PLC (In Administration)
- The
Vice Chancellor - [2002] EWHC 1975 Ch |
October 2002 |
Insolvency
- agreement reached in mediation -
enforceable (changing the decision in
Thakrar -v- Thakrar
- Court of Appeal - [2002] EWCA Civ 1304) |
|
Venture Investment Placement
Limited -v- Hall - His
Honour Judge Reid QC - [2005] EWHC 1227 (Ch) - Unreported |
May 2005 |
Confidentiality /without
prejudice - alleged threats made during a mediation -
whether or not outside the mediation to be determined at trial -
in the meantime, injunction granted to maintain confidentiality
- see
Quarterly Update September
2005 |
