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| Binding compromise and agreement to agree : Existence of a continuing dispute : jurisdiction of court.17th January 2005 |
| by His Honour Judge Peter Coulson : Crown Copyright. |
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Failure to mediate : Costs : Defendant did not engage in negotiations or mediation because claimant failed to provide basis of claim. Held : Halsey cost discount not-applicable. 30th June 2005.
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| by Lord Justices Behrens & Mance : Crown Copyright |
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| Defendant requested claimant be ordered to amend pleadings to facilitate mediation. Request declined. Would not assist mediation and whether or not the underlying alleged facts were established was an issue that would be settled by proof. Outer House Court of Session. 11th November 2005. |
| by Lord MacKay : Crown Copyright |
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| Without prejudice : Defaulting mortgagor : Mortgagees sold property : Outstanding balance statute barred : Mortgagees sought to rely on correspondence allegedly acknowledging the debt. Held : Privileged : Distinguish with other rights exceptions to privilege rule. Court of Appeal. 22nd July 2005. |
| by Buxton LJ, Latham LJ, Sir Martin Nourse. Crown Copyright |
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| Family Mediation : Access dispute settled by court : Post dispute mediation recommenced with approval of the court for the purpose of restoring / improving communications between separated parents to enable them to cooperate together over access in the future etc for the benfit of the child. Mother agreed providing face to face meetings not initially required. CA on appeal from HHJ Mackintosh, Exeter County Court. 9th November 2005. |
| by Thorpe LJ; Scott Baker LJ; Wall LJ. Crown Copyright |
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| Failure to mediate : Costs : Per Chadwick LJ "An ADR which sought to agree whether liability should be 50/50, 75/25 or 74/26, as suggested in a Part 36 letter -- is likely to be a sterile exercise if the parties do not know, at least in broad terms, what quantum figure is to be apportioned in accordance with what they agree." Therefore no cost implications for a failure to mediate as recommended when application to appeal granted. Appeal failed. 21st April 2005. |
| by Longmore LJ. Chadwick LJ : Crown Copyright |
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| Interpretation of the terms of a mediated settlement agreement : Claim failed - settlement enforced. Accounting applied to the month - a subsequent bill not counted. Account based on the number of clients - not the number of telephone lines. QBD. 5th July 2005 |
| by McKinnon J. : Crown Copyright |
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| Construction litigation : offer of mediation declined : Claim and counterclaim partly successful : Dispproportionate costs : Costs in light of Halsey. C.A. 8th April 2005. |
| by Lord Justices Ward & Rix. Crown Copyright |
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| International dispute : alleged sham sale of shares - ICC arbitration and satelite litigation in Moscow pending - application for an anti-suit injunction - ADR order issued by Colman J restraining further litigation prejudicial to either party pending the outcome of mediation. 28th April 2005. |
| by His Honour Judge Colman : Crown Copyright |
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| Compromise : A letter agreeing to accept responsbility was not negated by an email limiting acceptance to losses attributable to the acceptor. That sum could be subsequently determined by mediation or negotiation or failing agreement by arbitration/litigation. 16th March 2005. (Appealed - Willis v C&W [2005] EWCA Civ 806. |
| by Mr Justice Cooke : Crown Copyright |
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| 100% costs agreements in CFA - legality of. Lord Hoffman contrasts the potential for negotiated settlement under the current regime between negligence claims and libel actions - in the light of legal insurance. HL. 20th October 2005. |
| by Lords Nicholls, Hoffmann, Hope, Carswell, Baroness Hale of Richmond : Crown Copyright |
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Payment In : Can a claimant be said to be a successful party when he seeks to accept a payment into court after the expiry of the 21 days, which payment has been made in respect of some (but not all) of his claims, many of which have been subsequently dismissed by the court? TCC. 4th November 2005.
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| by His Honour Judge Peter Coulson QC : Crown Copyright |
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| Failed Mediation : Damages claim for failure to identify dyslexia and provide appropriate education partially succeeded. Appeal failed except as to costs. Claimant's costs reduced to 70%. Court noted there were no winners in a ?150K litigation. 17th March 2005. |
| by Lord Justices Mummery; Keene; Dyson: Crown Copyright |
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| Failure to mediate : There will be no cost penalty where the refusal to mediate is reasonable. The defendants, who successfully defended a claim for a work based injury, refused to negotiate to stem the flow of similar claims. The court held that this was a legitimate reason to refuse to compromise a highly defendable claim. CA. 20th October 2005. |
| by Ward LJ. Dyson LJ. Crown Copyright |
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| Litigation versus Mediation. Inter-director dispute - application for winding up dismissed. Court twice advised mediation - appeared to fail : Refused application and again advised mediation. 10th May 2005. |
| by His Honour Judge Peter Smith : Crown Copyright |
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| Failure to mediate. Regulation 24 - Care Homes Regulations 2001 - at the discretion of the tribunal appellant can be ordered to pay costs of appeal where conduct of appeal is unreasonable. No duty to mediate. 21st June 2005. |
| by Mr Stewart Hunter : Crown Copyright |
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| Settlement advice : Duty of care of adviser. Settlement between school and parents for breach of contract to provide satisfactory standard of education failed to preclude further third party claims by the pupils themselves for loss of earnings and employment prospects. Privity issues. No duty to advise where it is not apparent that the client is mistaken as to the scope of the settlement. Q.B.D. 16th December 2005. |
| by His Honour Judge Tugendhat : Crown Copyright |
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Without Prejudice : Privilege : Allegations of threats occurring during a mediation featured in another action. Did this amount to a waiver of the mediation? Held : No - only a waiver of the discrete issue as to whether or not threats were made in the mediation or occurred subsequently - to a third party and not relevant to the action. Chancery Division. 1st November 2005 .
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| by His Honour Judge Lewison : Crown Copyright |
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| Settlement offer : Costs : The mere fact that an offer did not include an expiry date will not necessarily prevent it being treated as a payment in for costs purposes. 7th March 2005. |
| by Jis Honour Judge Lightman : Crown Copyright |
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| Settlement Offer : Costs : Post mediation settlement offer - just before trial rejected. It appears the offer was beaten but at time of rejection costs were not known so it was difficult to evaluate. In the circumstances the claimant was not to be deprived of costs. QBD. 11th November 2005 |
| by Mr Justice Jack. Crown Copyright |
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| Med/Arb : Interpretation and enforceability. Case stated from arbitrator. 3rd March 2005. |
| by Judge Macken : Copyright High Court Ireland |
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| Refusal to mediate : settlement offer : In the circumstances there were no winners. The claimant got less than he sought. The defendant incurred great costs. The appropriate order was no costs : Order for claimant to pay costs quashed. Judge placed too much reliance on the settlement offer. CA : 10th November 2005. |
| by Scott Baker LJ; Neuberger. Crown Copyright |
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| The court took into account an attempt to impose unreasonable conditions for the conduct of a mediation when assessing costs. In the event a 50/50 costs order was reasonable, given that both parties conducted themselves in an unreasonable manner. Chancery Division 21st January 2005. |
| by His Honour Deputy Judge Nicholas Warren QC : Crown Copyright |
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| Claim for claimant's pre-trial costs where the claim was settled just before the trial date. 17th March 2005. |
| by His Honour Judge Richard Havery : Crown Copyright |
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| CA advised (ADR) mediation before remitting the case to court for further consideration. Failing that the judge at case management should facilitate settlement negotiations. CA. 17th June 2005 |
| by Arden LJ, Keene LJ, Mr Justice Wilson. Crown Copyright |
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| Failed / abandoned mediation. Drukker sought via a detailed costs assessment to recover liquidation management fees, which was countered by allegations of professional negligence. Assessment stayed to mediation. Stay eventually lifted after mediation abandoned. Attempt to rely on allegations of negligence to challenge costs crossed out for abuse of process. QBD Costs Appeal. 12th December 2005 |
| by Openshaw J, Master Campbell, John Bucklow. Crown Copyright |
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| Court ordered mediation : Application to court to order mediation declined. Other party willing to engage in gobal mediation but not in a mediation restricted to use of patent within the UK. Court confirmed Halsey : There is no power in UK to mandate mediation. Chancery Division. Patents Court. 26th August 2005 |
| by Mr. Justice Pumphrey: Crown Copyright |
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| McKenzie Friends : Disclosure - confidentiality and mediation in family disputes. CA. 22nd June 2005. |
| by Thorpe LJ. Wall LJ. Crown Copyright |
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| Stay of action pending mediation. 26th May 2005. |
| by The Honourable Mr Justice Peter Smith : Crown Copyright |
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| Costs : Payment in - Part 36 : Absence of counter proposal or willingness to negotiate resulted in costs penalty. CA. 3rd February 2005. |
| by Longmore LJ; Maurice Kay LJ. Crown Copyright |
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| Privacy : House of Lords held that the applicant, a Church Minister had a contract of employment and was entitled to pursue a claim for Sexual Discrimination before an Employment Tribunal. In the interests of privacy Baroness Hale commended mediation in lieu of further litigation. H.L. 15th December 2005 |
| by Lords Nicholls; Hoffmann; Hope; Scott & Baroness Hale.Crown Copyright |
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| Without prejudice negotiations - admissibility. In order to adduce evidence previously disclosed in without prejudice negotiations independent evidence not arising out of the negotiations required. Chancery Division. 22nd July 2005 |
| by Mr Justice Mann. Crown Copyright |
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| Refusal to Mediate : The Court was entitled to ignore the applicants' refusals to mediate when considering costs. It was not unreasonable for the applicants to take the view that the terms of reference proposed by the local authority were inappropriate and that mediation was likely to be futile. 11th April 2005. |
| by His Honour Judge Mumby : Crown Copyright |
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| Failed Mediation : Costs : Mediation and subsequent settlement negotiations failed because of an insistence on an appology, which in the circumstances the liquidators could not professionally provide. This conduct deprived him of any costs allowance that might otherwise have been available to him for good conduct in the litigation. Chancery Division. 24th May 2005. |
| by The Honourable Mr Justice Lightman. Crown Copyright |
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| Insurance : Legal Costs underwriters, not parties to a settlement agreement between the parties to a road accident, are not bound by the terms of the settlement. Accordingly, it is not an abuse of process for them to assert that the terms of a CFA had not been complied with. Senior Costs Judge. 25th November 2005 |
| by Master Hurst : Crown Copyright |
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| Settlement offer : Costs. An offer to pay costs related to third party claims was held to be too vague to be evaluated and determinated. Therefore it would not be taken into account as a payment in for cost purposes. 22nd April 2005. |
| by Lord Justices Jonathon Parker : Arden: Crown Copyright |
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| Costs : Proceedings commenced prematurely : No effort made to negotiated : However, this had not prevented the defendants pursuing negotations even at that stage but they did nothing. Eventually the defendant made a payment in that was accepted. Court found defendant liable for costs to that date. 6th December 2005. |
| by His Honour Judge Jack : Crown Copyright |
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| Application for revocation of a patent. Request for a mediation order denied. Halsey makes it clear that extra-ordinary circumstances are required to make such an order and this was not such a case. Patent Office : 5th January 2005 |
| by Mr P Back : Crown Copyright. |
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| Negotiated Settlement : defendant in liquidation. Third party liability of insurance company. Alleged breach of claim's procedure. TCC. 28th October 2005 |
| by His Honour Judge Richard Havery Q.C. Crown Copyright |
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Settlement offer : Costs : Settlement offer rejected : Lower payment in made : Award delivered in between the offer and payment in. Court treated offer as equivalent to a payment in for cost purposes. C.A. 11th July 2005
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| by Lord Justices Auld & Dyson: Crown Copyright |
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| Entitlement and quantum : Parties litigated matters of entitlement leaving matters concerning quantum to negotiated settlement / mediation. 14th January 2005. |
| by The Honourable Mrs Justice Gloster : Crown Copyright |
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| Negotiation and striking out : Impact of Human Rights Act : Delay of prosecution : Extended period of time for negotiation (1988-2005) of an action sisted for negotiation: Sist recalled - case put out to trial. Outer House Court of Session. 5th August 2005. |
| by Lady Smith. Crown Copyright |
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| Mediation versus litigation. Claim and appeal for damages for stress at work failed. Court observed that this area is so well worked out legally that there is no reason for expensive litigation and that such disputes should be mediated. 9th June 2005. |
| by Lord Justices Longmore ; Scott Baker; Ward : Crown Copyright |
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| Successful application for injunction to prevent a party to a failed mediation disclosing privileged information about the conduct of the mediation and assertions of things said during the process. 16th May 2005. |
| by His Honour Judge Reid : Crown Copyright |
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| Costs : Delay in mediation : Whether earlier refusal pending clarification of the case of each party reasonable : Whether claimant beat a settlement offer - impact of non-pecuniary orders. 15th July 2005. |
| by His Honour Deputy Judge Clive Freedman : Crown Copyright |
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| Court advised Mediation : Following a successful appeal, a retrial ordered. Court urged mediation as an alternative. 10th February 2005. |
| by Lord Justices Buxton ; Smith ; Thorpe : Crown Copyright |
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| No binding agreement concluded between parties. An agrrement to subsequently agree an essential term cannot create a binding contract. It is not for the courts to determine the terms in the absence of agreement between negotiators. C.A. 30th June 2005. |
| by Tuckey LJ, Rix LJ, Mr Justice Wilson : Crown Copyright |
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| Mediation Costs : Recoverability and litigation insurance premium assessment. Costs Judge Supreme Court. 10th February 2005 |
| by Master O'Hare : Crown Copyright |
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