|
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 |
|
Balfour Beatty Construction Northern Limited –v- Modus Corovest
(Blackpool) Limited
–
Technology and Construction Court – Mr Justice Coulson - [2008]
EWHC 3029 (TCC) |
December 2008 |
Agreement to mediate disputes
- enforceability of agreement - necessity of mandatory
obligation - other considerations as to ordering a stay of
proceedings - see
Quarterly Update February 2009 |
|
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 |
|
Cattley (Frank David George) and Pollard (Linda Jane)
- Master Bragge - Chancery Division -
BAILII Citation No. [2007] EWHC B16 (Ch) |
July 2007 |
Privilege - disclosure to a
third party, not a party to the mediation, was ordered -
intervention in the proceedings by the mediator as to mediation privilege |
|
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 |
|
Corby Group Litigation -v- Corby District Council
- Technology and Construction Court - Mr Justice Akenhead -
[2009] EWHC 2109 (TCC) |
August 2009 |
Costs Sanction
- consideration, post Halsey, as to whether or not
there had been an unreasonable refusal to mediate |
|
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. |
|
Elliott Group Limited and Others -v- GECC UK and Others
-
Technology and Construction Court - Mr Justice Coulson -
[2010] EWHC 409 (TCC) |
March 2010 |
Adjournment of trial -
application for various reasons, including to permit time for mediation
- application refused |
|
Farm Assist Limited (In Liquidation) -v-
The Secretary of State for the Environment Food and Rural Affairs (No.
2) - Technology and
Construction Court - The Hon. Mr Justice Ramsey -
[2009] EWHC 1102 (TCC) |
May 2009 |
Compelling
mediator's attendance at court - mediator's application to set
aside witness summons refused - exceptional circumstances
- discussion of the law relating to confidentiality and
privilege in mediation
See
Mediation Quarterly Update, June 2009 and for an
article, click
here |
|
Farm Assist Limited (In Liquidation) -v- Secretary of State for
Environment Food and Rural Affairs -
Technology and Construction Court - Mr Justice
Ramsay - [2008] EWHC 3079 (TCC) |
December 2008 |
Privilege - where a court is asked to
set aside a mediated settlement on the grounds of economic
duress, there is no implied waiver of legal advice by the
claimant |
|
Fitzroy Robinson Limited -v- Mentmore Towers Limited and Fitzroy
Robinson Limited -v- Goodstart Limited and Anglo Swiss Holdings
Limited (No. 2)
Technology and Construction Court - Mr Justice Coulson -
[2009] EWHC 3070 (TCC) |
November 2009 |
Adjournment of trial -
application for various reasons, including to permit time for mediation - application refused |
|
Fitzroy Robinson Limited -v- Mentmore Towers Limited and Fitzroy
Robinson Limited -v- Goodstart Limited and Anglo Swiss Holdings
Limited -
Technology and Construction Court - Mr Justice Coulson - [2009]
EWHC 1552 (TCC) |
July 2009 |
Lack of
mediation - criticism - The Judge said that mediation would
have narrowed the issues and avoided the need to deal in a
public court with whether one or other of two witnesses must not
be telling the truth |
|
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) |
|
Gill, Dr Christine -v-
Stephen Woodall, Stanley Lonsdale and the Royal Society for the
Prevention of Cruelty to Animals - Chancery
Division - Mr James Allen QC (Deputy High Court Judge) -
Unreported save as press articles - see
here |
February 2010 |
Costs Sanction
- the RSPCA’s reluctance to mediate the case was described as
“unreasonable” |
|
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 (UK) Limited - v- Cleveland Bridge UK
Limited and Cleveland Bridge Dorman Long Engineering Limited
- Technology and Construction Court - Mr Justice
Jackson - [2008] EWHC
2220 (TCC) |
September 2008 |
Encouragement to mediate -
Mr
Justice Jackson said: "The
lesson for the future which may be drawn from this litigation is
that parties would be well advised to use the dispute resolution
service offered by the Technology and Construction Court in a
more conventional and commercial manner than has been adopted in
this case. Once this court has decided questions of principle,
the parties can save themselves and their shareholders many
millions of pounds by instructing their advisors to agree
reasonable figures for quantum, if necessary with the assistance
of a mediator unconnected with the court." |
|
Multiplex Constructions
(UK) 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 -
Appeal to Mr Justice Eady sitting with Assessors in May 2007
(Appeal unreported but noted
here on CEDR's web site). The
first instance decision is
here -
Supreme Court Costs Office - [2006] EWHC 90066 (Costs) |
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 |
|
Roundstone Nurseries Limited -v- Stephenson Holdings Limited
- Technology and Construction Court - Mr Justice Coulson -
[2009] EWHC 1431 (TCC) |
June 2009 |
Costs of mediation incurred
pre-action - costs thrown away by refusal to attend a
mediation agreed as part of the Pre-Action Protocol procedure
can be recoverable
For an article, click
here |
|
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" |
|
Siemens Building Technologies FE Limited -v- Supershield Limited
- Technology and
Construction Court - The Hon. Mr Justice Ramsey - [2009] EWHC
927 (TCC) |
May, 2009 |
Reasonableness
of a mediated settlement - relevance to claims against
another party which was not a party to the settlement |
|
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 |
