The court was asked to consider whether documents generated in a mediation could be disclosed by one of those parties in later proceedings against solicitors for negligence in drafting and negotiation and agreement with the other party, which gave rise to the disputes dealt with in the mediation.
Held: Judge Kirkham considered both questions of privilege and confidentiality.
Judges:
Kirkham HHJ
Citations:
[2008] EWHC 786 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Cited by:
Cited – Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2) TCC 19-May-2009
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress.
Held: In this case . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 14 July 2022; Ref: scu.266910