MEDIATION CASE LAW - ALPHABETICALLY BY NAME
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Clicking on the case names below links to a full report of most of the decisions
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CASE |
DATE |
SUBJECT |
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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 Mediation Update January 2007 >> |
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Balfour Beatty Construction Northern Limited –v- Modus Corovest (Blackpool) Limited – Technology and Construction Court – Mr Justice Coulson - [2008] EWHC 3029 (TCC)
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December 2008 |
Agreement to mediate disputes - enforceability of agreement - necessity of mandatory obligation - other considerations as to ordering a stay of proceedings - see Mediation Update February 2009 >> |
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Brookfield Construction (UK) Limited (formerly Multiplex Constructions (UK) Limited) and Mott Macdonald Limited - Technology and Construction Court - Mr Justice Coulson - [2010] EWHC 659 (TCC) |
March 2010 |
Encouragement to mediate - in circumstances where Mott’s cost estimate to the end of a sub-trial was £27,494,500 and Brookfield’s was £45,695,000, a total cost estimate of £73,189,500 |
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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 Mediation Update April 2007 >> |
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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 Mediation Update June 2005 >> |
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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 Mediation Update July 2006 >> |
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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 |
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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 |
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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 |
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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 |
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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) |
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Cowl and Others -v- Plymouth City Council - Court of Appeal - [2001] EWCA Civ 1935 |
December 2001 |
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) |
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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 Mediation Update May 2008 >> |
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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) |
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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. |
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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 |
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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 Update, June 2009 >> and see an article >> |
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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 |
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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 |
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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 |
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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) |
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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) - Press comment (The Times) >> |
February 2010 |
Costs Sanction - the RSPCA’s reluctance to mediate the case was described as “unreasonable” and indemnity costs were ordered against the RSPCA on part of the claim |
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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’ chargeable service) or see [2005] ADR LR 11/01 |
November 2005 |
Costs - without prejudice and Part 36 offer - see Mediation Update, January 2006 >> |
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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) |
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Hurst -v- Leeming - Mr Justice Lightman - [2001] EWHC 1051 (Ch) |
May 2002
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Costs sanction following failure to agree to mediate - not applied on grounds that mediation was not appropriate on these facts (but now see Halsey) |
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IDA Limited and Others –v- University of Southampton and Others - Court of Appeal - [2006] EWCA Civ 145 |
March 2006
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Encouragement to mediate - costly litigation over who owned a patent - see Mediation Update July 2006 >> |
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Kinstreet Limited and Another -v- Balmargo Corporation Limited and Others - Chancery Division - The Honourable Mrs Justice Ardern (acknowledgements to CEDR for the link to the judgment) |
August 1999 |
Compulsion by court to mediate - order to mediate made against unwilling party (but now see Halsey) - origin of "Kinstreet" Orders |
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Leicester Circuits Limited -v- Coates Brothers PLC - Court of Appeal - [2003] EWCA Civ 333 |
March 2003
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Costs sanction - party withdrew from mediation after appointment of mediator and delivery to him of submissions (but now see Halsey) |
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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 |
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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. |
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McMillan Williams -v- Range - Court of Appeal - [2004] EWCA Civ 294 |
March 2004 |
Costs sanction - following the exhortation to mediate of lower tier Judge |
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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 |
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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
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Encouragement to mediate - after a trial on preliminary issues |
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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) |
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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 on CEDR's web site >>). The first instance decision of the 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? |
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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
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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 |
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P4 Limited -v- Unite Integrated Solutions PLC - Technology and Construction Court - Mr Justice Ramsey - [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 |
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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 |
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Rolfe -v- De Guerin - Court of Appeal - [2011] EWCA Civ 78 |
February 2011 |
Costs Sanction - offers to enter into settlement negotiations or mediation were unreasonably refused |
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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 |
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Royal Bank of Canada -v- Secretary of State for Defence (link with acknowledgements to CEDR) - Mr Justice Lewison - [2003] EWHC 1841 Ch |
May 2003 |
Costs sanction - government pledge for ADR not followed (but now see Halsey) |
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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 Mediation Update, January 2008 >> See also an article in Building: "Keeping mum about mediation" >> |
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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 |
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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) |
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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. |
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SITA -v- Watson Wyatt and Maxwell Batley (A Firm) (link with acknowledgements to CEDR) - 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) |
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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) |
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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 Mediation Update September 2005 >> |