|
DATE |
CASE |
SUBJECT |
|
September 2008 |
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) |
Encouragement to mediate -
"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." |
|
April 2008 |
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) |
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 |
|
March 2008 |
Lobster Group Limited -v- Heidelberg Graphic Equipment Limited
and Close Asset Finance Limited -
Technology and Construction Court - Mr Justice Coulson - [2008]
EWHC 413 (TCC) |
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 |
|
March 2008 |
Malmesbury (Earl of) and Strutt & Parker and Anor
- High Court - Mr Justice Jack - [2008] EWHC 424
(QB) |
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. |
|
January 2008 |
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) |
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 |
|
December 2007 |
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) |
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" |
|
October 2007 |
Egan -v- Motor Services (Bath) Limited
- Court of Appeal -
[2007] EWCA Civ 1002 |
Encouragement
to mediate - the parties spent in the region of £100,000
arguing over a claim which was worth about £6,000. |
|
April 2007 |
Chantrey Vellacott -v- The Convergence Group PLC and Others
- High Court - Mr Justice Rimer -
[2007] EWHC 1774 (Ch) |
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 |
|
May 2007 |
Framlington Group Limited and
Anor –v-
Ian Barnetson
- Court of Appeal - [2007] EWCA Civ 502
|
Privilege - refusal to allow a party to
rely on matters discussed in without prejudice meetings (not in
a mediation) |
|
May 2007 on appeal from the earlier
decision in November 2006 |
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) |
Costs of mediation after
proceedings started - are they
recoverable on later assessment?
See
Quarterly Update, July 2007
|
|
March 2007 |
Brown -v- Rice and Patel and ADR Group
- Chancery Division - [2007] EWHC
625 (Ch) |
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 |
|
December 2006 |
Aird and Another -v- Prime Meridian Limited
- Court of Appeal - [2006] EWCA Civ 1866
|
Privilege in agreed experts'
statement used in mediation does not exist - see
Quarterly Update
January 2007 |
|
November 2006 |
P4 Limited -v- Unite Integrated Solutions PLC -
Technology and Construction Court - [2006] EWHC
2924 (TCC) |
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 |
|
June 2006 |
Multiplex Constructions Limited v Cleveland Bridge UK Limited
and Cleveland Bridge Dorman Long Engineering Limited
- Technology and Construction Court - [2006] EWHC
1341 (TCC) |
Encouragement
to mediate - after a trial on preliminary issues |
|
March 2006 |
IDA Limited and
Others –v- University of Southampton and Others
- Court of Appeal -
[2006] EWCA Civ 145 |
Encouragement to mediate -
costly litigation over who owned a patent - see
Quarterly Update July 2006 |
|
January 2006 |
Burne, Dr SR
–v- “A” - Court of Appeal - [2006] EWCA Civ
24 |
Encouragement to mediate -
before the re-trial of a professional negligence claim against a
Doctor - see
Quarterly Update July 2006 |
|
November 2005 |
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 |
Costs -
without prejudice and Part 36 offer - see
Quarterly Update, January 2006 |
|
May 2005 |
Venture Investment Placement
Limited -v- Hall - His
Honour Judge Reid QC - [2005] EWHC 1227 (Ch) - Unreported |
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 |
|
April 2005 |
Burchell NF -v- Bullard, Mr
& Mrs, & Others
-
Court of Appeal -
[2005] EWCA Civ 358 |
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 |
|
July 2004 |
Reed Executive PLC and
Another -v- Reed Business Information Limited and Others
- Court of Appeal - [2004] EWCA Civ 887 |
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 |
|
May 2004 |
Couwenbergh v Valkova
- Court of Appeal - [2004] EWCA Civ 676
|
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) |
|
May 2004 |
Halsey
-v- Milton Keynes General NHS Trust
and Steel -v- Joy and Halliday - Court of Appeal - [2004]
EWCA Civ 576 |
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) |
|
March 2004 |
McMillan Williams -v- Range
- Court of Appeal - [2004] EWCA Civ 294 |
Costs sanction - following
the exhortation to mediate of lower tier Judge |
|
February 2004 |
Shirayama Shokusan
Company Ltd v Danovo Ltd (No 2) - Mr Justice
Blackburne - [2004] EWHC 390 (Ch) -
Unreported |
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. |
|
December 2003 |
Shirayama Shokusan Company Limited and Others -v- Danovo Limited
- Mr Justice Blackburne - [2003]
EWHC 3006 (Ch) |
Compulsion by court to
mediate - order to mediate made against unwilling party (but now
see Halsey) |
|
May 2003 |
Royal Bank of Canada -v-
Secretary of State for Defence
(on
CEDR's web site)
-
Mr Justice Lewison
- [2003] EWHC 1841 Ch |
Costs sanction
- government pledge for ADR not followed
(but now see Halsey) |
|
March 2003 |
Leicester Circuits Limited
-v- Coates Brothers PLC
- Court of Appeal - [2003] EWCA Civ
333 |
Costs sanction - party
withdrew from mediation after appointment of mediator and
delivery to him of submissions |
|
November 2002 |
SITA -v- Watson Wyatt and
Maxwell Batley (A Firm)
(on
CEDR's web site) - Mr Justice Park - [2002] EWHC 2401
(Ch) |
Costs sanction following
failure to agree to mediate - not applied on grounds that
mediation was not appropriate on these facts (but now see
Halsey) |
|
October 2002 |
Cable & Wireless PLC -v- IBM
United Kingdom Limited
- Mr Justice Colman - [2002]
EWHC 2059 (Comm) |
Agreement to mediate disputes
- enforceability of agreement - adjournment of application until
after mediation |
|
October 2002 |
Thakrar (Kirit Lalji) -v-
Ciro Citterio Menswear PLC (In Administration)
- The
Vice Chancellor - [2002] EWHC 1975 Ch |
Insolvency
- agreement reached in mediation -
enforceable (changing the decision in
Thakrar -v- Thakrar
- Court of Appeal - [2002] EWCA Civ 1304) |
|
May 2002 |
Hurst -v- Leeming
-
Mr Justice Lightman
- [2001] EWHC 1051 (Ch) |
Costs sanction following
failure to agree to mediate - not applied on grounds that
mediation was not appropriate on these facts (but now see
Halsey) |
|
February 2002 |
Dunnett (Susan) -v-
Railtrack PLC
- Court of Appeal [2002] EWCA Civ 302 |
Costs sanction
following failure to agree to mediate (but now see Halsey) |
|
December 2001 |
Cowl and Others -v- Plymouth
City Council - Court of
Appeal - [2001] EWCA Civ 1935 |
Costs sanction following
failure to agree to mediate (but now see Halsey) |
|
August 1999 |
Kinstreet Limited and
Another -v- Balmargo Corporation Limited and Others
- The Honourable Mrs Justice Ardern
- Unreported |
Compulsion by court to
mediate - order to mediate made against unwilling party (but now
see Halsey) - origin of "Kinstreet" Orders |
|
July 1999 |
Muman
(Sat Pal) and Others -v- Bhikku Nagasena
- Court of Appeal -
[1999] EWCA Civ 1742 |
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) |
