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Delay : failure to Mediate : Claimant & defendant toyed with mediation ? no one at fault for failing to pursue ? payment in too low to bridge gap based on different premises. Trial needed. 19th November 2001.
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| by Lord Justices Clarke : Mance : Dyson : Crown Copyright |
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| Without prejudice offers : Without prejudice defined : Attempt to broaden exceptions to include admissions of fact, as under Scottish Law rejected. QBD. Bristol Mercantile Court. 26th October 2002. |
| by His Honour Judge Havelock-Allan Q.C.: Crown Copyright |
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| Disproportionate costs : Judge advised mediation over a minor matter of misuse of a tape ? and warned that further litigation costs were disproportionate to the matter. CA. 14th November 2001. |
| by Sir Anthony Evans : Crown Copyright |
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| The court will not order the fixing of a date for trial where a mediation is pending since this would simply place more pressure on a party to settle. CA. 22nd March 2001. |
| by Pill LJ. Crown Copyright |
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| Trial Judge applied CPR cost regime to a case where costs were incurred pre-CPR. Held : in the circumstances full costs recoverable despite refusal to mediate. Post CPR such disproportionate costs would not be recoverable. CA. 17th May 2001. |
| by Arden LJ, Mr Justice Wright : Crown Copyright |
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| Local authority / parent mediation : Mediation advised by the court to enable a Local Authority, tasked with caring for a child, to rebuild its relationship with a parent, so that eventually the parent could have access to the child. Role of CAFFCAS outlined. CA. 12th July 2001. |
| by Lady Justice Hale : Crown Copyright |
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| Mediation costs : Following a failed appeal against a judgement of liability for personal injury, the court ordered the unsuccessful appellant to pay both the costs of the appeal and of an intervening mediation. CA. 2nd February 2001. |
| by Aldous LJ; Walker L.J. Robert : Hale LJ. Crown Copyright |
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| JR - exhausing other avenues. Application for Judicial Review failed. Council had acted reasonably and a complaints procedure not explored. 14th September, 2001 |
| by Mr Justice Scott Baker. Crown Copyright |
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| Public law : Mediation : Local Authority closed old peoples? home : Council failed to pursue settlement process advised by court at first instance : Criticised by the CA. 14th December 2001. |
| by Woolf LCJ, Mummery LJ, Buxton LJ. Crown Copyright |
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Med/arb : Bias Prejudice : Clear advice on potential prejudice arising out of disclosure during mediation needed before a mediator can act as an adjudicator in the same dispute.TCC. 13th February 2001.
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| by His Honour Judge Humphrey Lloyd QC : Crown Copyright |
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| Privilege : Human Rights : Interpreters An interpreter present at an interview is subject to the same privilege rules as a solicitor. Art 6(3)(c) ECHR. Administrative Court. 2nd February 2001 |
| by Woolf LJ: Bell J Crown Copyright |
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| Costs : Post payment in : Claimants recovered marginally more than the defendant had paid in under CPR 36 : Claimant lost on 4 out of 5 points : Held : claimant 66% liable for costs. |
| by Mr Justice David Steel : Crown Copyright |
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| X asserted in without prejudice correspondence sent to K and to Tesco that K had infringed a copyright and Tesco has sold the product. K sued for false allegations of breach of copyright. X asserted privilege. Court held the correspondence amounted to demands not negotiations and were not privileged. Ch.Div. 10th December 2001. |
| by His Honour Judge Pumphrey : Crown Copyright |
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| Refusal of right to appeal order dividing up family funds overturned. Court advised mediation since futher litigation would merely disipate the fund, to the detriment of both parties, whatever the ultimate outcome of the appeal. CA. 8th May 2001. |
| by Thorpe LJ; Mr Justice Bell : Copy Copyright |
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| Payment in : Exagerated claim : CA increased costs order against winning claimant from 75% to 100%. CA. 6th July 2001. |
| by LJ Mummery; LJ Laws. Crown Copyright |
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| Settlement : Successive Claims : Where the injuries in the first of two successive accidents impacted upon the assessment of quantum in the second, the terms of the first settlement are relevant. Court must guard against double recovery. CA 5th April 2001. |
| by Waller LJ; Dyson LJ. Crown Copyright |
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| Written Form : Settlement : Mediation settlement was not reduced to writing : enforcement refused : mediation terms prevent mediator giving evidence ? so settlement must be written. QBD. Commercial Court. 12th December 2001. |
| by His Honour Judge Morrison : Crown Copyright |
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| Privilege : Piercing the veil : The applicants learnt though without prejudice discolosures that the sole assets of a business in liquidation were to be disposed of and sought to bring that information to the notice of the court. Held : In the circumstances the privilege would be overridden. Companies Court. 26th February 2001 |
| by Mr Justice Hart : Crown Copyright |
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| One third cost penalty awarded against successful claimant. Claim amended in court. Whilst the payment in was beaten, the defendant may have increased the sum if the final version of pleadings had been on the table. CA. 7th December 2001. |
| by Peter Gibson LJ, Arden LJ. Crown Copyright |
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| S&T, mortgagees of a property separated and agreed that T would expend best efforts to buy out S's share of the property valued at ?85K for ?10K within a reasonable time. Without prejudice negotiations ensued off and on for 3 years. Did this stop time running? Held : No. Agreement enforceable at agreed value. Ch.Div. 8th June 2001. |
| by His Honour Judge Hedley : Crown Copyright |
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Case management ? stay of action : Case management : Order for overseas directors to attend CM session overturned ? they knew nothing ? better for involved locals to attend.
C.A. 27th November 2001. |
| by Lord Justices Tuckey & Pitchford : Crown Copyright |
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