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| Time bar for mediation - applicable even if no other form of redress available. Commercial Court. 15th January 2008 |
| by Mr Justice Mitting. Crown Copyright |
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| Costs : exaggerated claim : “I should add some general words about Part 44.3(5)(d) \"whether a party … has exaggerated his claim\". The effect of exaggerating a claim may be to prevent parties having realistic discussions at an early stage to resolve a dispute or prevent a successful mediation. In such cases the result of the exaggeration may be to prevent a settlement of the dispute at an early stage. Similarly, if a case is not merely exaggerated but is put on a wholly unsustainable basis, it may prevent an early settlement. It may also prevent a defendant from being able to assess realistically the value of the Claimant\'s case and make an appropriate Part 36 offer. This will be particularly the case when only the Claimant is able in the first instance to evaluate its own losses. In appropriate cases the Defendant should not be left at such a disadvantage. The situation may, of course, be different if the Defendant is in a position at an early stage fully to evaluate the Claimant\'s case.” TCC 31st July 2008 |
| by HHJ Toulmin CMQ QC: Crown Copyright |
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| Privilege : Disclosure. \"Whether the defendant is entitled to disclosure of documents arising out of or in connection with two mediations between the claimants and the DEFRA and which are not subject to legal professional privilege. DEFRA are not a party to these proceedings but have been invited to make representations pursuant to CPR 31.19(6)(b). They resist the making of an order for disclosure. The claimants do not resist the application. They take a neutral stance.\" QBD. 16th April 2008. |
| by HHJ Frances Kirkham : Crown Copyright |
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| Economic Duress : Interim application for disclosures. Was the advice given to FAL by its solicitors before and during the mediation, which might throw some light on FALs state of mind, admissible and subject to disclosure? Held : No - subject to Legal Privilege. Case on-going. TCC. 12th December 2008 |
| by Mr Justice Ramsey. Crown Copyright |
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| Series of group mediations settlements save as to costs : Para. 40.14 of the Costs Practice Direction. Costs litigation - party to elect whether to disclose expert report or rely on other documents. Whether order fair. QBD. 17th April 2008. |
| by Mr Justice Davis: Crown Copyright |
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| Waiver of mediation privilege : costs of unreasonable behaviour of party submitting dispute to mediation of maintaining an unreasonable demand which led to failure of negotiations where sum offered by respondent ulimately not beaten in court. 18th March 2008 |
| by Mr Justice Jack : Crown Copyright |
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| Costs - trial post failed mediation. Claimant recovered less than 10% of initial demand. Should costs follow event and / or should unreasonable stance in mediation be taken into account in allocating / determining costs. Total costs incurred by both parties almost 3 times the amount recovered. QBD. 18th March 2008 |
| by Mr Justice Jack : Crown Copyright |
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| Refusal to mediate following strong advice from trial judge during case management : Costs penalty. CA. 16th July 2008. |
| by Sedley LJ; Rimer LJ; Sir Paul Kennedy. Crown Copyright |
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| Costs of failed mediation : recovery at trial : Whether and or in what circumstances costs of a failed mediation might be subsequently be recovered along with other costs by successful party to a trial. TCC. 6th March 2008. |
| by Mr Justice Coulson: Crown Copyright |
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| Benefit of partial settlement by beneficiaries through mediation : Removal of trustees. Costs incurred by trustees in resisting removal, with regard to the impact mediation had on limiting the scope of the trial. Chancery. 30th April 2008. |
| by Mr Justice Briggs : Crown Copyright |
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| Advisor’s liability for terms of settlement. Dispute as to whether client had consented to his advisor concluding a mediated settlement exclusive of costs and or interest. Client protested at the terms of a subsequent Tomlin Order which was stated to be exclusive of costs and interest, leading to this action to recover costs and interest from the advisor. Claim rejected on the findings of fact of the court – viz at the time he knew it was exclusive. QB. 2nd June 2008 |
| by Mr. Justice Saunders : Crown Copyright |
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| Failure to mediate : Costs : No penalty if there was no value in mediating. TCC. 4th January 2008 |
| by His Honour Judge Peter Coulson QC: Crown Copyright |
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| Public Law : Judicial review : whether a duty to mediate pre-litigation : Application for permission to claim judicial review on the ground that the defendant public body acted unreasonably in not agreeing to mediation of the dispute between the parties refused; On appeal : Whilst :- it is surprising how frequently even the most intractable case produces a satisfactory outcome in mediation ... that is a million miles away from saying that it is so unreasonable of a party not to undertake mediation at a stage before litigation. That argument, in my view, simply cannot run. CA : 7th April 2008 |
| by Ward LJ; Thomas LJ. Crown Copyright |
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