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| Privilege : Joint statement by experts of agreed and disputed matters. Reduced to a court order for a statement and a mediation. Was the statement privileged? Held : Ordinarily NO - CPR statement not privileged. But here, done very quickly for mediation only. Privileged. Non-admissible. Claimant could broaden out the scope of claims. TCC. 19th September 2006. |
| by His Honour Judge Peter Coulson. Crown Copyright |
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| Successful appeal : the joint statement was a court document under Rule 35(12) CPR issued in the normal way, whatever the intention of the issuing judge. Parties had agreed to issue a joint statement before cross examination. They had undertaken the risk that they might resile from that view later and could not subsequently complain. Document admissible and not subject to mediation privilege. 21st December 2006. |
| by May LJ; Smith LJ; Sir Martin Nourse. Crown Copyright |
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| Court advised mediation : parties ordered to provide reports within 14 days stating what arrangements had been made for an urgent mediation of the dispute and, if no arrangements had been made, an explanation why. Stated that neither party should set pre-conditions for the mediation. Chancery Division. 21st December 2006. |
| by Robin Knowles QC. Crown Copyright |
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| Capacity : Settlement agreement : Did a patient have the capacity to agree? In the circumstances the CA felt the agreement was not manifestly wrong - and thus not set aside. However, court indicated that the legal representative might be liable for a negligently low settlement and hence an alternative remedy might be available by other means. CA. 7th February 2006. |
| by Ward LJ ; Arden LJ; Hallett LJ. Crown Copyright |
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| Mediation : Privilege : Application for costs on indemnity for failure to take reasonable steps to settle. 17th October 2006. |
| by Mr Justice Christopher Clarke : Crown Copyright |
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| Without prejudice : Case provides an indepth analysis of the scope of the without prejudice privilege : the admission of fact exception : what amounts to an admission of fact : examination of what amounts to a negotiation to settle a dispute. Here an unequivocal admission of liability under a mortgage after time was exhausted under the limitation act defeated the time bar. House of Lords. 12th July 2006. |
| by Lords Hoffmann, Hope, Walker, Brown, Mance. Crown Copyright |
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| Negotiation Privilege : Waiver by conduct in Appeal Proceedings. Failed appeal - no abuse of process. Major review of case law. EAT. 16th October 2006 |
| by Ansel J. Crown Copyright |
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| Court advised mediation : Medical Negligence Claim. Successful appeal. Court recommended parties mediate whereby they are forced to take stock of their respective strenghts and weaknesses - ie reality check (self evaluative) mediation. CA. 25th January 2006. |
| by Ward LJ; Sedley LJ; Wilson LJ. : Crown Copyright |
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| Settlement agreement : Penalty Clause - term to repay settlement sum and pay damages for any continued allegations against the claimant a penalty clause. CA. 14th March 2006 |
| by Mummery LJ, Dyson LJ, Sir Charles Mantell. Crown Copyright |
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| Costs : Payment in : Indemnity : Construction dispute. Claimant, whilst successful did not beat payment in : Claim reduced by counterclaim : Indemnity costs awarded to defendant in respect of the trial. Conduct of trial severely criticised. TCC. 6th January 2006 |
| by His Honour Judge Peter Coulson Q.C. Crown Copyright |
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| Refusal to mediate : Costs : 1st defendant prepared to mediate : 2nd defendant refused. Court held optimistic but not unrealistic - not liable for costs of claimant and 1st defendant. QBD. 17th January 2006. |
| by The Hon. Mr Justice Jack. Crown Copyright |
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| Med/Arb : Patent Dispute. At the end of the judgment the court proposed that Med/Arb would be a suitable method of producing an early determination to such disputes. CA. 2nd March 2006 |
| by Ward LJ; Jacob LJ; Wilson LJ. Crown Copyright |
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| Without prejudice privilege : Defendant only just beat a payment in and had costs reduced. The MOD sought to introduce evidence from a settlement conference to further reduce the claimant's costs award. Held : Settlement not subject to without prejudice to costs provision - so privileged and non-addmissible. CA. 12th January 2006. |
| by Tuckey LJ; Keene LJ; Wilson LJ. Crown Copyright |
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| Retrial : Listing : Successful appeal : Retrial ordered but not to be listed until parties had demonstrated that appropriate measures had been taken to resolve the dispute. CA. 7th July 2006. |
| by Smith LJ; Moses LJ; Hallett LJ. Crown Copyright |
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| Mediation : Role of apology : whilst an apology can be a useful aspect of mediation it is not appropriate to demand an apology as a prerequisite to mediation. QBD. Admin Div. 20th June 2006 |
| by Mr Justice Underhill. Crown Copyright |
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| Privilege : Notes of mediation proceedings used as evidence to establish that a landlord had contrary to the express terms of a lease included the use of a loft as part of the tenance. There is no explanation as to why the note was admissible. CA. 4th April 2006. |
| by Mummery LJ; Scott Baker LJ; Sir Charles Mantell. Crown Copyright |
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| Costs : Where the parties agree to bear their own costs of a mediation a Tomlin Order should with respect to costs respect that agreement, which would override that aspects of a Tomlin Order that failed to do so. Supreme Court Costs Office. 30th November 2006 |
| by Master Campbell: Crown Copyright |
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| Costs - failure to mediate : Failure to beat payment in : failure by successful defendant to make disclosure during case management. Application of CPR Rule 36.20(2). TCC. 17th November 2006 |
| by Mr Justice Ramsey. Crown Copyright |
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| Succession : Mediated settlement between beneficiaries and trustees. 20 years after event claimant sought to litigate claim : asserted mediation settlement dissipated funds frustrating her claim. Held : Claim dismissed. Outer House of Session. 29th September 2006 |
| by Lady Clark. |
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| Raglan Housing Association v Southhampton City Council [2006] EWCA Civ 1567 Public Law : Mediation : Application to appeal a point of law - granted subject to an undertaking to mediate. 24th October 2006 |
| by Sir Andrew Morritt. Crown Copyright |
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| Public Law : Mediation whilst useful should not detract from an authority's duty to house an underaged homeless person. Council initiated mediation re a child applicant for housing - whereby the child might come of age in the intervening period taking the applicant outside priority housing status. CA : 28th July 2006 |
| by Waller LJ; Jonathan Parker LJ; Jacob LJ. Crown Copyright |
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| Payment in : Whilst successful in the litigation, the claimants failed to beat a payment in. Costs - allegations of unreasonable behaviour rejected. Claimants had also rejected two attempts at ADR demonstrating that it was the claimants not the defendants who had acted unreasonably. Costs to follow the event. TCC. 18th May 2006 |
| by His Honour Judge Peter Coulson : Crown Copyright |
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| Settlement agreeement of bank loans via sale of property : Unsuccessful attempt to rescind the settlement agreement on the grounds of misrepresentation, undue influence and duress together with claims for damages in respect of the original claims and in respect of what was said to her entitlement prior to the settlement. Held : Bank entitled to insist on settlement of debts - not economic duress. QBD. 5th May 2006. |
| by Mr. Justice Jack : Crown Copyright |
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| Failure to mediate : Costs application. The applicant, who had pursued a hopeless claim, having concluded a settlement, had no grounds for a reduction of costs for a failure to mediate by the successful defendant. QBD. 23rd June 2006. |
| by Mr Justice Jack . Crown Copyright. |
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