Don’t drag your feet on mediation

Jacqui Joyce Law 0 Comments

Jacqui Joyce looks at a recent case which held that it is not enough for parties to agree to mediate. In order to avoid costs penalties they must actively get on with it and not ‘drag their feet’. There are vast amounts of cases punishing parties in costs when they unreasonably refuse to mediate. What happens when parties agree to …

Boundary disputes and all that …

Jacqui Joyce Law 0 Comments

The Property Boundaries (Resolution of Disputes) Bill has recently cleared its second reading in the House of Lords. In this article Jacqui Joyce and Peter Bourke look at the proposals. Boundary disputes are seldom about “just” the boundary. There are often many underlying issues between the neighbours. How they can best be resolved is a matter of debate but most …

Reference to a party’s refusal to mediate in statement of case struck out

Jacqui Joyce Law 0 Comments

A reference in a Reply, to the defendant refusing to mediate, was struck out. It breached the rule against disclosure of without prejudice correspondence. (R (Wildbur) v Ministry of Defence [2016] EWCH 821 (Admin) , Cranston J). Background The Claimant made an application for judicial review and proposed mediation. In granting permission for that review Holman J said: ‘I urge …

Failure to mediate – failure to mitigate?

Jacqui Joyce Law 0 Comments

If you do not mediate in a case in which you are involved as a result of your previous solicitor’s negligence, can this be treated as a failure to mitigate? That was the question that was raised in Orientfield Holdings Ltd v Bird & Bird [2015] EWHC 1963] The claimant had exchanged contracts to purchase a property for over £22m …

ADR clauses in contracts

Jacqui Joyce Law 0 Comments

Parties to major building projects have openly discussed the effectiveness of signing up in advance to their own agreed form of alternative dispute resolution, rather than relying on adjudication or court procedures. The emphasis is on saving costs and keeping the project going. ADR clauses in various guises have been subject to court scrutiny – are they enforceable? There was …

Compulsory mediation for neighbour disputes!

Gary Webber Law 0 Comments

The judge in this latest case (Bradley v Heslin) started off the judgment with the following words: “Rather to my surprise I find myself trying a case about a pair of gates in Formby”! He went on to suggest a form of wording for directions in boundary and rights of way disputes, which in effect, would make it compulsory to …

Plebgate, Jackson, costs and mediation!

Gary Webber Law 0 Comments

When Andrew Mitchell MP got into a little fracas in Downing Street whilst pushing his bicycle, he could not possibly have conceived of the consequences. He lost his job, police officers have been dragged before Parliamentary Select committees, arrests are taking place and libel actions abound. In a new twist, the incident is playing a significant part in the working …

Solicitor’s duty at mediation

Alan Langleben Law 0 Comments

The Court of Appeal has ruled on a solicitor’s duty at mediation, in Frost v Wake Smith reported 19 June 2013. A party to a mediation complained that his solicitor had failed to ensure that an agreement made at the end of a long mediation was legally binding. The parties had agreed, in principle, on how to divide up what …

Will the courts compel parties to mediate?

Alan Langleben Law 0 Comments

The answer given by the Court of Appeal in 2004, in Halsey v Milton Keynes was, “No”. However things may have changed. One of the bench in Halsey was Sir Alan Ward, who has just taken up the role of chairman of the Civil Mediation Council (CMC). Whether by coincidence or not, he gave the lead judgment in the Court …