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Mediation Case Law

File Updated Type Size Download
Beauty Star Ltd -v- Janmohammed

Court of Appeal (Civil Division) 14th April 2014 - [2014] EWCA Civ 451

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Bradley-v-Heslin - [2014]EWHC3267(CH)

Judicial approval in this case for mediation. Any experienced mediator could have resolved this and a classic case for an evaluative mediation. Mr Nigel Frost Director Commercial Litigator | Commercial Mediator | Mediation Advocate for Jeffrey Green Russell Limited

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CIP Properties (AIPT) Limited 2014 EWHC 3546 TCC

High Court holds that building in a special time “window” for ADR is bad case management. A sensible timetable for trial should include opportunities for ADR, and the importance of ADR is re-emphasised (Thank you to Barry Havenhand, Barrister & Mediator for passing on this case law) B e f o r e : THE HONOURABLE MR. JUSTICE COULSON ____________________ Between: CIP Properties (AIPT) Limited Claimant - and - Galliford Try Infrastructure Limited - and - EIC Limited - and - Kone PLC - and - DLG Architects LLP - and - Damond Lock Grabowski & Partners (a firm) Defendant Third Party Fourth Party Fifth Party Sixth Party

01/01/70 180 KB
Henry Construction Projects Ltd -v- Linton Fuel Oils Ltd

Costs for refusing to mediate! The Honourable Mr Justice Norris - High Court of Justice, Companies Court. 19th December 2012. 9578 of 2012. Kind thanks of Jeffrey Green Russell, Noel St, London, W1.

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Lakehouse Contracts Limited

Lakeside Contracts Limited -v- UPR Services, High Court Judgement. The importance of inviting the other side to mediation.

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Laporte -v- The Police

[2015] EWHC 371 (QB) (1) Jane Paporte (2) Nicholas Christian -v- The Commissioner of Police for the Metropolis - Defendant refused to engage in ADR. Thank you to Nigel Frost, Mediator for this case.

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Laporte and Christian v Commissioner of Police of the Metropolis

Laporte and Christian v Commissioner of Police of the Metropolis- [2015] EWHC 371 (QB) This is a decision of Turner J. The Claimants lost, but sought to argue there should be no order for costs because the Defendant refused to engage in ADR; D, on the other hand, was seeking indemnity costs. By Barry Havenhand, Mediator

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Malmesbury and others -v- Strutt & Parker

Effect on costs of unreasonable behaviour at Mediation. (Thank you to Nigel Frost at Jeffrey Green Russell for sending this in). Note by Barry Havenhand, Barrister & Mediator. 2008 EWHC 424 (QB)

01/01/70 34 KB
Oliver -v- Symons [2012 EWCA Civ 267]

In Oliver v Symons [2012] EWCA Civ 267, Sir Alan Ward pointed out the value of mediation, at an early stage, particularly in neighbour disputes. Barry Havenhand. Mediator & Barrister.

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PGF II SA -v- OMFS Co 1 Ltd

Disallowing costs of successful party. Unreasonable refusal to participate in ADR being unreasonable conduct of litigation for costs purposes. Thank you to Jeremy Dable, Barrister & Mediator for forwarding this to us.

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Philip Garritt-Critchley and ors -v- Andrew Ronnan & Solarpower PV Ltd

[2014] EWHC 1774 [CH] Award of indemnity costs to Claimant because of Defendants repeated refusal to engage in mediation. Binary issue, not enough for one side to say, we're confident we will win, as a reason not to mediate. Thank you to Barry Havenhand for passing this note onto us.

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