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| Costs thrown away : Application for wasted costs : Claimant had legal aid withdrawn and his solicitors had obstructed mediation. Court refused order pending investigation by Law Society because of difficulty of assessing potential outcome in the absence of a trial of the issues. QBD. Winchester: 28th June 2002 |
| by Mr Justice Turner : Crown Copyright |
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| Without prejudice letter - admissibility - negotiations on a lease - acknowledged title. Held - veil could be pierced. Ch.Div. 22nd February 2002. |
| by His Honour Judge Lewison QC. Crown Copyright |
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| ADR agreement : Stay of action : Where the parties make an unequivocal agreement to mediate the court will issue either a stay of action or adjournment pending outcome of mediation. QBD. 11th October 2002. |
| by His Honour Judge Colman : Crown Copyright |
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| Settlement : 3rd party rights : Discusses whether a settlement was full and final and thus precluded liability to contribute under the Civil Liability (Contribution) Act 1978 to third parties. House of Lords. 25th April 2002. |
| by Bingham LJ,Lord Mackay. Lord Steyn, Lord Hope, Lord Rodger. Crown Copyright |
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| Without prejudice offer : Privilege and waiver : Costs. Lands Tribunal. 24th June 2002. |
| by N J Rose FRICS. Crown Copyright |
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| Appeal against divorce petition on jurisdictional grounds stayed pending mediation. Already ?2M had been spent on litigation - enough, the court noted to sustain the ex-wife for the rest of her life. CA. 27th November 2002. |
| by Thorpe LJ; Potter LJ; Mr Justice Munby. : Crown Copyright |
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| Reasonableness & compromise. Thorpe LJ explains the distinction betewen reasonableness and compromise and the frame of mind needed in order to successfully mediate. CA. 3rd December 2002. |
| by Thorpe LJ : Crown Copyright |
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| Part 36 Offers : Part 36 offer to settle for ?144K : part 36 offer of ?50K : subsequently increased by phone to ?75 and then to ?79K. Court awarded ?49K. Did the offers have to be in a formal manner or in writing in order to be taken into account. Held : No : Costs against the claimant ordered. 13th December 2002 |
| by Lord Justices Kay and Keene. Crown Copyright |
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| Appeal failed : Wrong points of law argued at first instance. Costs : CPR : ADR : Appeal for damages for a potentially arguable action for loss of livestock failed : Solicitors negligent : Railtrack refused mediation & failed to recover costs.22nd February 2002 |
| by Brooke LJ; Robert Walker LJ,Sedley LJ. Crown Copyright |
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| Mediation v Litigation : Family dispute. The attitude of the parties renders this case unsuitable for mediation. CA. 18th March 2002 |
| by Ward LJ. Keene LJ. Crown Copyright |
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| Settlement offer : Costs : Discusses the special circumstances in which a court may award Indemnity Costs where a Part 36 CPR Offer / "Payment In" was rejected by the losing party. CA. 12th June 2002. |
| by Woolf LCJ; Waller LJ; Laws LJ : Crown Copyright |
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| Without prejudice : Admissibility and impact upon validity of repudiation on grounds of breach of condition. QBD (Comm). 1st August 2002. |
| by His Honour Judge Hallgarten QC. : Crown Copyright |
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| Difference between claim and counter-claim resulted in a ?700 payout. Protracted satellite litigation then took place over costs. Final result taxed costs of ?14,000. Court expressed regret that initial pre-trial offers to negotiate were rejected, though doubts expressed about the value of formal mediation for such a small amount. CA. 23rd July 2002. |
| by Lord Phillips MR; Keene LJ. Crown Copyright |
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| Without Prejudice : If domain name registrants could avoid the implications of their registration application details simply by sending complainants letters marked 'Without Prejudice' and stating that, with a view to settling the dispute, they are willing to transfer the domain name for a sum of money this would drive a coach and horses through the Policy. Nominet : 21st August 2002 |
| by Tony Willoughby & Simon Carne, Bob Elliott : Crown Copyright |
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| Costs : pro-se mediation regarding negligent valuation of property failed followed by a CFA supported action and settlement agreement : CFA entitled to success costs - statute barred personal injury (stress) aspect of claim discounted in reckoning of success costs since it would probably have been dropped pre-trial by the solicitor. Risk on costs post settlement law - 5% success fee only. 21st October 2002. |
| by His Honour Judge Bellamy : Crown Copyright |
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| Court acknowleges the benefit of mediation to the pro-se claimant who has difficulties making out a legal case due to lack of advocacy skills. CA. 22nd November 2002. |
| by Pill LJ. Crown Copyright |
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| Settlement : 3rd party rights : Actions for breach of contract by A against B & C respectively. B settled ? did that preclude an action against C ? Held ? no ? not in the present circumstances. House of Lords. 25th April 2002 |
| by Bingham LJ; Mackay LJ; Steyn LJ; Rodger LJ. Crown Copyright |
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Settlement offer : Costs : RTA - claim for damages. Held : a claimant who has bettered his Part 36 offer has a prima facie entitlement to indemnity costs. The general presumption that a successful claimant only receives costs on the standard basis is displaced by Part 36.21(4). CA.
21st March, 2002 |
| by Lord Justices Schiemann, Tuckey, Jonathan Parker. Crown Copyright |
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| Court advised mediation : Application to appeal granted, with an indication of a real prospect of success. With that in mind, and the need of the Nursing Home to preserve funds, the court advised mediation. CA. 11th March 2002. |
| by Ward LJ; Keen LJ. Crown Copyright |
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| Failure to mediate : Costs : Leeming, a barrister, refused to mediate a professional negligence claim : Held : entitled to costs. Reputation issue justified a trial : claimant too stubborn for ADR. Chancery Division. 9th May 2002. |
| by His Honour Judge Lightman. Crown Copyright |
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| Commendation of mediation because one of the parties appeared pro-se in a case that called for lawyering skills. Court considered that since mediation does not require legal representation it would be ideal. View expressed that lawyers can impede mediation process. CA. 16th July 2002. |
| by Sedley LJ. Crown Copyright |
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| Family Mediation in UK & Germany. Whilst UK Family Mediation is concerned with the setttling of ancilliary matters, the principal aim in Germany is the Divorce Process. CA. 6th March 2002. |
| by Thorpe LJ. Crown Copyright |
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| Recommendation to mediate.Court of Appeal held that a conveyance did not include right to lay a fresh water pipe over neighbouring land. In consequence the court could not provide a solution and expressed the hope that the parties might solve the problem by mediation. Since the parties had been involved in litigation it is hard to see how this hope might be realised. CA. 19th February 2002. |
| by Pill LJ, Mummery LJ, Lady Justice Hale : Crown Copyright |
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| Construction Case remitted for determination of quantum. Costs outweighed the value : ADR advised : case not listed pending outcome of ADR. CA. 22nd March 2002 |
| by Simon Brown LJ; Lady Hale J. Crown Copyright |
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Thakrar v Thakrar [2002] EWHC 1975 Ch
Settlement : Liquidation : The Court of Appeal refused to endorse or otherwise criticise the terms of a mediated compromise leaving it to the Insolvency Court to deal with. C.A. 13th August 2002. |
| by Chadwick LJ, Robert Walker LJ. Crown Copyright |
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| Failure to mediate : Costs : Winning claimants failed to engage in a mediation. Court would have deducted 25% costs but because offer made late in the day only deducted 15%. Chancery Divison. 29th May 2002. |
| by Mr Justice Etherton : Crown Copyright |
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| Stay pending mediation : Property dispute between brothers. Appeal granted, but scheduling stayed pending mediation or at least the parties having been given an opportunity to consider resorting to the process. CA. 12th September 2002. |
| by Ward LJ. Crown Copyright |
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| Failure to mediate : Costs : CA deducted ?5,000 from the winning appellant?s costs because of a failure to mediate which resulted in an unnecessary two day hearing. 31st October 2002. |
| by Lord Justice Rix : Crown Copyright |
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| Settlement offer : Costs : A settlement offer did not specify its expiry date. That alone would not prevent it being treated as a payment in for cost purposes. However, cost offers would not be factored in by the court. In the event costs order not disturbed. CA. 12th July 2002. |
| by Gibson LJ Peter, Potter LJ, Stuart-Smith Sir Murray. Crown Copyright |
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Family proceedings stayed for mediation. CA. 26th June 2002.
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| by Thorpe LJ. Crown Copyright |
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| Court advised mediation : Appeal successful in parts : insufficient evidence being available to assess quantum a further hearing was required. In the meantime the court advised mediation, providing considerable guidance as to the factors that both parties should take into account. CA. 6th December 2002. |
| by Sir Anthony Evans, Clarke LJ; Ward LJ. Crown Copyright |
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| Leave to appeal granted : but findings of fact against applicant : Local Authority had lost papers. Mediation highly advised with a severe warning of cost implications for a trial, with or without mediation. CA. 26th April 2002. |
| by Ward LJ; Sedley LJ. Crown Copyright |
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| Appelant, asserting rights to matrimonial property in a dispute as to the status of their marriage in Nigeria, was prepared to mediate under the London Scheme. The respondant was only prepared to mediate in Lagos. The court countered that mediation "is independent of legal systems and imports skills and techniques which are not legal skills." CA. 2nd July 2002. |
| by Dame Elizabeth Butler-Sloss; Thorpe LJ; Buxton LJ. Crown Copyright |
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| ADR : Settlement agreement : Costs : If the parties settle out of court who pays the legal costs of court action? Held : where a party substantially wins he is entitled to costs of the litigation. CA. 8th May 2002. |
| by Longmore LJ, Aldous LJ, Mance LJ. Crown Copyright |
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| Costs : Whether or not to be ordered on an indemnity basis. CA. 21st October 200 |
| by Longmore LJ, Aldous LJ, Mance LJ. Crown Copyright |
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| Stay of proceedings pending ADR : The house purchaser claimant?s defendant solicitor failed to ensure NHBC cover for a property. The court ordered three party ADR involving NHBC & Solicitor. CA. 13th October 2000. |
| by Mance LJ; Mrs Justice Smith. Crown Copyright |
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| Breach of Good Faith undertaking in mediated settlement.Terms of mediated settlement included re-opening up the settlement by mediator if allegation of breach of good faith provision established Note that the mediators had power to devise and impose the terms of the settlement i.e. a form of binding conciliation. (P.C. from New Zealand) 7th October 2002. |
| by Lord Rodger of Earlsferry : Bingham LJ; Slynn LJ; Nicholls LJ. . Rt. Hon. Tipping.J. : Crown Copyright |
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| Claimant's claim dismissed at 1st instance and on appeal. A letter suggesting mediation was ignored by the defendant. Held : There was no likelihood of mediation being successful, so no cost implications for refusal to mediate. CA. 19th November 2002. |
| by Pill LJ; Judge LJ; Hale LJ. Crown Copyright |
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| Cultural Impact : Family mediation : CAFCASS officer and mediator drawn from the Muslim community recommended to try and build bridges between a husband and wife to facilitate access to offspring. CA. 1st December 2002. |
| by Arden LJ; Neuberger LJ; Thorpe LJ. Crown Copyright |
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SITA v Watson and Wyatt: Maxwell Batley Pt 20 Defendants [2002] EWHC 2401 / 2025 (Ch)
Failure to mediate : Costs : The court held that on the facts a refusal to mediate was reasonable and justified. A mediation would have achieved nothing, so there was no impact on costs. Ch.Div. 9th October & 14th November 2002. |
| by Mr Justice Park : Crown Copyright |
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| Privilege : Without prejudice : Accidental reference to negotiation documents in a list provided to the court insufficient reason to justify waiver of privilege and compromise W/P negotiations. CH.Div. 22nd March 2002 |
| by Mr Roger Kaye Q.C : Crown Copyright |
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| Settlement : Liquidation : Application for specific performance of a compromise agreement : The Vice Chancellor Ch. Div refused to endorse or otherwise criticise the terms of a mediated compromise leaving it to the Insolvency Court to deal with. Chancery Division. 1st October 2002. |
| by Vice Chancellor. Crown Copyright |
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| Information disclosed in settlement negotiation non-admissible unless both parties consent or as in this case the other party puts details of the negotation to the court. Costs of a non-qualified legal adviser not recoverable. Oral offer to compromise claim to be taken into account in assessing costs. Balancing out unreasonable conduct of both parties, no costs awarded. CA. 26th April 2002. |
| by Tuckey LJ; Rix LJ. Crown Copyright |
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| Failure to mediate : Application to appeal failed : Costs : Multi-party action about land rights related to a housing development : Failure to mediate attributed to all parties : Costs followed the event 70:30 on the facts. CA. 9th October 2002 |
| by Laws LJ; Lady Justice Arden ; Crown Copyright |
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| Case sent back for reconsideration because original decision made without reference to an amended statement of claim. Court anticipated applicants likely to fail and be left with extensive costs and urged mediation - but in no real hope of the applicants so doing because of the level of bad feeling. CA. 26th July 2002. |
| by Ward LJ; Tuckey LJ. Crown Copyright |
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| Settlement offer under CPR36.3 can lead to a standard costs penalty : but not on an indemnity basis under CPR 44. CA. 6th February 2002 |
| by Simon Brown LJ, Waller LJ, Sedley LJ. Crown Copyright |
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