|
SUBJECT |
CASE |
DATE |
|
Adjournment of trial -
application for various reasons, including to permit time for mediation
- application refused |
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 |
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 |
|
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 |
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 - adjournment
of application until after mediation |
Cable & Wireless PLC -v- IBM
United Kingdom Limited
- Mr Justice Colman - [2002]
EWHC 2059 (Comm) |
October 2002 |
|
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. |
Shirayama Shokusan
Company Ltd v Danovo Ltd (No 2) - Mr Justice
Blackburne - [2004] EWHC 390 (Ch) -
Unreported |
February 2004 |
|
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-
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 |
|
Compulsion
by court to mediate - mediation will not be forced on
parties (but there may be cost sanctions) |
Halsey
-v- Milton Keynes General NHS Trust
and Steel -v- Joy and Halliday - Court of Appeal - [2004]
EWCA Civ 576 |
May 2004
|
|
Compulsion by
court to mediate - order to mediate made against unwilling
party (but now see Halsey) |
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) |
Kinstreet Limited and
Another -v- Balmargo Corporation Limited and Others
- The Honourable Mrs Justice Ardern
- Unreported |
August 1999 |
|
Costs -
without prejudice and Part 36 offer - see
Quarterly Update, January 2006 |
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 of mediation after
proceedings started - are they
recoverable on later assessment?
See
Quarterly Update, July 2007
|
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 - recoverable - court decided who should
pay by looking at conduct in the mediation, the parties
having waived privilege for that purpose |
Chantrey Vellacott -v- The Convergence Group PLC and Others
- High Court - Mr Justice Rimer -
[2007] EWHC 1774 (Ch) |
April 2007 |
|
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 |
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 - application for security for costs - not "costs
of and incidental to the proceedings" under Section 51, Supreme
Court Act, 1981 - costs not recoverable |
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 Sanction
- the RSPCA’s reluctance to mediate the case was described as
“unreasonable” |
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
- consideration, post Halsey, as to whether or not
there had been an unreasonable refusal to mediate |
Corby Group Litigation -v- Corby District Council
- Technology and Construction Court - Mr Justice Akenhead -
[2009] EWHC 2109 (TCC) |
August 2009 |
|
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. |
Malmesbury (Earl of) and Strutt & Parker and Anor
- High Court - Mr Justice Jack - [2008] EWHC 424
(QB) |
March 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 |
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
- 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 |
P4 Limited -v- Unite Integrated Solutions PLC -
Technology and Construction Court - [2006] EWHC
2924 (TCC) |
November 2006 |
|
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 |
Burchell NF -v- Bullard, Mr
& Mrs, & Others
-
Court of Appeal -
[2005] EWCA Civ 358 |
April 2005 |
|
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 |
Reed Executive PLC and
Another -v- Reed Business Information Limited and Others
- Court of Appeal - [2004] EWCA Civ 887 |
July 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) |
Couwenbergh v Valkova
- Court of Appeal - [2004] EWCA Civ 676
|
May 2004 |
|
Costs sanction
following failure to agree to mediate - principles to be applied |
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 the exhortation to mediate of lower tier Judge |
McMillan Williams -v- Range
- Court of Appeal - [2004] EWCA Civ 294 |
March 2004 |
|
Costs
sanction - government pledge
for ADR not followed
(but now see Halsey) |
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
- party withdrew from mediation after appointment of mediator
and delivery to him of submissions |
Leicester Circuits Limited
-v- Coates Brothers PLC
- Court of Appeal - [2003] EWCA Civ
333 |
March 2003 |
|
Costs sanction following
failure to agree to mediate - not applied on grounds that
mediation was not appropriate on these facts (but now see
Halsey) |
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) |
Hurst -v- Leeming
-
Mr Justice Lightman
- [2001] EWHC 1051 (Ch) |
May 2002 |
|
Costs sanction
following failure to agree to mediate (but now see Halsey) |
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) |
Cowl and Others -v- Plymouth
City Council - Court of
Appeal - [2001] EWCA Civ 1935 |
December 2001 |
|
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" |
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 |
|
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 - Mr Justice
Jackson - [2008] EWHC
2220 (TCC) |
September 2008 |
|
Encouragement
to mediate - the parties spent in the region of £100,000
arguing over a claim which was worth about £6,000. |
Egan -v- Motor Services (Bath) Limited
- Court of Appeal -
[2007] EWCA Civ 1002 |
October 2007 |
|
Encouragement to mediate -
before the re-trial of a professional negligence claim against a
Doctor - see
Quarterly Update July 2006 |
Burne, Dr SR
–v- “A” - Court of Appeal - [2006] EWCA Civ
24 |
January 2006 |
|
Encouragement to mediate -
costly litigation over who owned a patent - see
Quarterly Update July 2006 |
IDA Limited and
Others –v- University of Southampton and Others
- Court of Appeal -
[2006] EWCA Civ 145 |
March 2006 |
|
Encouragement
to mediate - after a trial on preliminary issues |
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 |
|
Government
pledge for ADR not followed
- Costs sanction
(but now see Halsey) |
Royal Bank of Canada -v-
Secretary of State for Defence
- Mr Justice Lewison
- [2003] EWHC 1841 Ch |
May 2003 |
|
Insolvency - agreement reached
in mediation - enforceable (changing the decision in
Thakrar -v- Thakrar
- Court of Appeal - [2002] EWCA Civ 1304) |
Thakrar (Kirit Lalji) -v-
Ciro Citterio Menswear PLC (In Administration)
- The
Vice Chancellor - [2002] EWHC 1975 Ch |
October 2002 |
|
"Kinstreet"
Orders - origin of |
Kinstreet Limited and
Another -v- Balmargo Corporation Limited and Others
- The Honourable Mrs Justice Ardern
- Unreported |
August 1999 |
|
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 |
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 |
|
Mediation
Agreement - can there be a settlement if it is not recorded
in writing and signed by the parties? See
Quarterly Update
April 2007 |
Brown -v- Rice and Patel and ADR Group
- Chancery Division - [2007] EWHC
625 (Ch) |
March 2007 |
|
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 |
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, 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 |
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 - disclosure to a
third party, not a party to the mediation, was ordered -
intervention in the proceedings by the mediator as to mediation privilege |
Cattley (Frank David George) and Pollard (Linda Jane)
- Master Bragge - Chancery Division - BAILII Citation No. [2007] EWHC B16 (Ch) |
July 2007 |
|
Privilege - refusal to allow a party to
rely on matters discussed in without prejudice meetings (not in
a mediation) |
Framlington Group Limited and
Anor –v-
Ian Barnetson
- Court of Appeal [2007] EWCA Civ 502
|
May 2007 |
|
Privilege -
without prejudice negotiations - can the court look at
negotiations in a mediation to see whether there was a concluded
settlement? See
Quarterly Update
April 2007 |
Brown -v- Rice and Patel and ADR Group
- Chancery Division - [2007] EWHC
625 (Ch) |
March 2007 |
|
Privilege in agreed experts'
statement used in mediation does not exist - see
Quarterly Update
January 2007 |
Aird and Another v Prime Meridian Limited
- Court of Appeal - [2006] EWCA Civ 1866 |
December 2006 |
|
Privilege and confidentiality - 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 |
Venture Investment Placement
Limited -v- Hall - His
Honour Judge Reid QC - [2005] EWHC 1227 (Ch) - Unreported |
May 2005 |
|
Reasonableness
of a mediated settlement - relevance to claims against
another party which was not a party to the settlement |
Siemens Building Technologies FE Limited -v- Supershield Limited
- Technology and
Construction Court - The Hon. Mr Justice Ramsey - [2009] EWHC
927 (TCC) |
May, 2009 |
|
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) |
Muman
(Sat Pal) and Others -v- Bhikku Nagasena
- Court of Appeal -
[1999] EWCA Civ 1742 |
July 1999 |
