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Mediation Case Law - Alphabetically by name

A - C D - F G - I J - L 
M - O P - R  S - Z

For a list of cases by date, click here.
For a list of cases by subject, click here.

Case  Subject  Date Update
       

AB & AB -v- CD Limited - Technology and Construction Court - Mr Justice Edwards-Stuart - [2013] EWHC 1376 (TCC)

Settlement Agreement - on the facts, the Judge found that the mediation had ended on the date fixed for the mediation even though the mediator continued to be involved thereafter until a settlement reached. On that basis, the Judge found that the requirement in the mediation agreement that the settlement had to be in writing and signed before it was binding did not apply and he went on to decide that there was a settlement here in telephone calls through the mediator.

 April 2013

 

ADS Aerospace Limited -v- EMS Global Tracking Limited - Technology and Construction Court - Mr Justice Akenhead - [2012] EWHC 2904 (TCC).

Costs Sanction - an offer to enter into mediation was not unreasonably refused and no cost sanction was applied.

October 2012

Aird and Another -v- Prime Meridian Limited - Court of Appeal - [2006] EWCA Civ 1866. 

Privilege in agreed experts' statement used in mediation does not exist -   December 2006 see Mediation Update, January 2007

Balfour Beatty Construction Northern Limited –v- Modus Corovest (Blackpool) Limited  – Technology and Construction Court – Mr Justice Coulson - [2008] EWHC 3029 (TCC).

Agreement to mediate disputes - enforceability of agreement - necessity of mandatory obligation - other considerations as to ordering a stay of proceedings -

   see Mediation Update,  February 2009

Barden, Michael Kieran -v- Commodities Research Unit International (Holdings) Limited, CRU Strategies Limited, CRU International Limited and CRU Publishing Limited - Chancery Division - [2013] EWHC 1633 (Ch)

Settlement Agreement - a settlement in writing at a mediation required an employer to pay an employee the amount of £1.35 million. No mention was made in the agreement of income tax or who was to pay it. The employer paid £676,822.84 to the employee and £673,177.16 to HMRC as income tax. The employee did not succeed in persuading the court that he should have received £1.35 million (and that the employer should pay a further similar additional amount to HMRC). If the settlement agreement had included wording as to the tax position the litigation would have been avoided (assuming that the draft settlement would have survived inter-party discussion about that issue).

June 2013

 

Brookfield Construction (UK) Limited (formerly Multiplex Constructions (UK) Limited) and Mott Macdonald Limited - Technology and Construction Court - Mr Justice Coulson - [2010] EWHC 659 (TCC).

Encouragement to mediate - in circumstances where Mott’s cost estimate to the end of a sub-trial was £27,494,500 and Brookfield’s was £45,695,000, a total cost estimate of £73,189,500.

March 2010


Brown -v- Rice and Patel and ADR Group - Chancery Division - [2007] EWHC 625 (Ch).

Privilege - without prejudice negotiations - can the court look at negotiations in a mediation to see whether there was a concluded settlement?

Mediation Agreement - can there be a settlement if it is not recorded in writing and signed by the parties? See Mediation Update April 2007 >>

 March 2007  

Burchell NF -v- Bullard, Mr & Mrs, & Others - Court of Appeal - [2005] EWCA Civ 358.


Costs sanction - following failure to agree to mediate at a time before the start of litigation - application of Halsey principles - 

 April 2005  see Mediation Update, June 2005

Burne, Dr SR –v- “A” - Court of Appeal - [2006] EWCA Civ 24.

Encouragement to mediate - before the re-trial of a professional negligence claim against a Doctor.

January 2006

 see Mediation Update, July 2006

Cable & Wireless PLC -v- IBM United Kingdom Limited - Mr Justice Colman -  [2002] EWHC 2059 (Comm).

Agreement to mediate disputes - enforceability of agreement - adjournment of application until after mediation.

October 2002

 

Cattley (Frank David George) and Pollard (Linda Jane) - Master Bragge - Chancery Division - BAILII Citation No. [2007] EWHC B16 (Ch).

Privilege - disclosure to a third party, not a party to the mediation, was ordered - intervention in the proceedings by the mediator as to mediation privilege.

July 2007


Chantrey Vellacott -v- The Convergence Group PLC and Others - High Court - Mr Justice Rimer -  [2007] EWHC 1774 (Ch).

Costs of mediation after proceedings started - recoverable - court decided who should pay  by looking at conduct in the mediation, the parties having waived privilege for that purpose. 

April 2007  

Corby Group Litigation -v- Corby District Council - Technology and Construction Court - Mr Justice Akenhead - [2009] EWHC 2109 (TCC). 

Costs sanction - consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate. 

August 2009

 

Couwenbergh v Valkova - Court of Appeal - [2004] EWCA Civ 676.

Costs sanction - court draws attention in clear terms to the parties and the Legal Services Commission of a failure to mediate despite encouragement to do so (following the decision in Halsey). 

May 2004

 

Cowl and Others -v- Plymouth City Council - Court of Appeal - [2001] EWCA Civ 1935.

Costs sanction - court draws attention in clear terms to the parties and the Legal Services Commission of a failure to mediate despite encouragement to do so (following the decision in Halsey).

December 2001


Cumbria Waste Management Limited, Lakeland Waste Management Limited and Baines Wilson (a Firm) - High Court - Her Honour Judge Frances Kirkham sitting as a High Court Judge - [2008] EWHC 786 (QB).

Privilege, Confidentiality and Mediator Privilege- Defendant solicitors to a negligence action in relation to contract drafting work were refused disclosure of mediation papers in circumstances where the other party to the mediation, DEFRA, objected. DEFRA were not a party to the litigation but appeared at the hearing. Acknowledgement that Mediators may have privilege in their own papers.


April 2008

See Mediation Update, May 2008 >>

Dunnett (Susan) -v- Railtrack PLC - Court of Appeal [2002] EWCA Civ 302. 

Costs sanction following failure to agree to mediate (but now see Halsey). 

 February 2002  

Egan -v- Motor Services (Bath) Limited - Court of Appeal - [2007] EWCA Civ 1002. 

Encouragement to mediate - the parties spent in the region of £100,000 arguing over a claim which was worth about £6,000. 

October 2007

 

Elliott Group Limited and Others -v- GECC UK and Others - Technology and Construction Court - Mr Justice Coulson - [2010] EWHC 409 (TCC).

Adjournment of trial  - application for various reasons, including to permit time for mediation - application refused.

March 2010

Faidi, Hameed and  Faidi, Inam - v – Elliot Corporation - Court of Appeal - [2012] EWCA Civ 287.

Encouragement to mediate - a neighbour dispute - Lord Justice Ward: “…Not all neighbours are from hell. They may simply occupy the land of bigotry. There may be no escape from hell but the boundaries of bigotry can with tact be changed by the cutting edge of reasonableness skilfully applied by a trained mediator. Give and take is often better than all or nothing.”

March 2012


Farm Assist Limited (In Liquidation) -v- The Secretary of State for the Environment Food and Rural Affairs (No. 2) - Technology and Construction Court - The Hon. Mr Justice Ramsey - [2009] EWHC 1102 (TCC).

Compelling mediator's attendance at court - mediator's application to set aside witness summons refused - exceptional circumstances - discussion of the law relating to confidentiality and privilege in mediation.

May 2009

See Mediation Update, June 2009 >>

and see 
an article >>

Farm Assist Limited (In Liquidation) -v- Secretary of State for Environment Food and Rural Affairs - Technology and Construction Court - Mr Justice Ramsay - [2008] EWHC 3079 (TCC).

Privilege - where a court is asked to set aside a mediated settlement on the grounds of economic duress, there is no implied waiver of legal advice by the claimant.

December 2008

 

Fitzroy Robinson Limited -v- Mentmore Towers Limited and Fitzroy Robinson Limited -v- Goodstart Limited and Anglo Swiss Holdings Limited (No. 2) Technology and Construction Court - Mr Justice Coulson - [2009] EWHC 3070 (TCC).

Adjournment of trial  - application for various reasons, including to permit time for mediation - application refused.

November 2009

 

Fitzroy Robinson Limited -v- Mentmore Towers Limited and Fitzroy Robinson Limited -v- Goodstart Limited and Anglo Swiss Holdings Limited - Technology and Construction Court - Mr Justice Coulson - [2009] EWHC 1552 (TCC).

Lack of mediation - criticism - The Judge said that mediation would have narrowed the issues and avoided the need to deal in a public court with whether one or other of two witnesses must not be telling the truth.

July 2009

 

Framlington Group Limited and Anor –v- Ian Barnetson - Court of Appeal [2007] EWCA Civ 502.

Privilege - refusal to allow a party to rely on matters discussed in without prejudice meetings (not in a mediation).

May 2007

 

Frost, David -v- Wake Smith and Tofields Solicitors - Court of Appeal  - [2013] EWCA Civ 1960.

Settlement Agreement - solicitor had no duty to ensure that the mediation ended in an immediate binding agreement (as opposed to one which was subject to further negotiation and perfection at a later date) - the mediation process needs maximum flexibility.

June 2013


Garritt-Critchley, Phillip and Others -v- Andrew Ronnan and Solarpower PV Limited - Chancery Division, Manchester - [2014] EWHC 1774 (Ch).

Costs Sanction - unreasonable refusal to mediate results in costs sanction - indemnity costs ordered.

February 2014

 

Gill, Dr Christine -v- Stephen Woodall, Stanley Lonsdale and the Royal Society for the Prevention of Cruelty to Animals - Chancery Division - Mr James Allen QC (Deputy High Court Judge)  

In the Court of Appeal, the decision of the Judge was upheld, albeit on different grounds and the costs issue was not argued >>

Costs Sanction - the RSPCA’s reluctance to mediate the case was described as “unreasonable” and indemnity costs were ordered against the RSPCA on part of the claim.

January 2010

 

Hall and Another -v- Pertemps Group Limited and Another – High Court, Chancery Division, Mr Justice Lewison - reported in The Times on 23 December 2005 or see [2005] ADR LR 11/01

Costs - without prejudice and Part 36 offer.

November 2005

see Mediation Update, January 2006 >>

Halsey -v- Milton Keynes General NHS Trust and Steel -v- Joy and Halliday - Court of Appeal - [2004] EWCA Civ 576.


Costs sanction following failure to agree to mediate - principles to be applied; compulsion by court to mediate - mediation will not be forced on parties (but there may be cost sanctions).

May 2004

 

Hurst -v- Leeming - Mr Justice Lightman - [2001] EWHC 1051 (Ch).

Costs sanction following failure to agree to mediate - not applied on grounds that mediation was not appropriate on these facts (but now see Halsey).

May 2002

 

IDA Limited and Others –v- University of Southampton and Others - Court of Appeal - [2006] EWCA Civ 145.

Encouragement to mediate - costly litigation over who owned a patent.

March 2006

see Mediation Update, July 2006 >>

Kinstreet Limited and Another -v- Balmargo Corporation Limited and Others - Chancery Division - The Honourable Mrs Justice Ardern (acknowledgements to CEDR for the link to the judgment).

Compulsion by court to mediate - order to mediate made against unwilling party (but now see Halsey) - origin of "Kinstreet" Orders.

August 1999

 

Leicester Circuits Limited -v- Coates Brothers PLC - Court of Appeal - [2003] EWCA Civ 333.

Costs sanction - party withdrew from mediation after appointment of mediator and delivery to him of submissions (but now see Halsey).

March 2003

 

Lobster Group Limited -v- Heidelberg Graphic Equipment Limited and Close Asset Finance Limited - Technology and Construction Court - Mr Justice Coulson - [2008] EWHC 413 (TCC).

Costs of mediation incurred pre-action - application for security for costs - not "costs of and incidental to the proceedings" under Section 51, Supreme Court Act, 1981 - costs not recoverable.

March 2008

 

Malmesbury (Earl of) and Strutt & Parker and Anor - High Court - Mr Justice Jack - [2008] EWHC 424 (QB)).

Costs sanction - where both parties are unreasonable in a mediation, there is no costs sanction. However, one party acting unreasonably would be in the same position as a party refusing to mediate and, therefore, at risk of a cost sanction. Note that privilege was waived by both parties.

March 2008


McMillan Williams -v- Range - Court of Appeal - [2004] EWCA Civ 294.

Costs sanction - following the exhortation to mediate of lower tier Judge.

March 2004

 

Multiplex Constructions (UK) Limited - v- Cleveland Bridge UK Limited and Cleveland Bridge Dorman Long Engineering Limited- Technology and Construction Court - Mr Justice Jackson - [2008] EWHC 2220 (TCC).

Encouragement to mediate

September 2008

 

Multiplex Constructions (UK) Limited v Cleveland Bridge UK Limited and Cleveland Bridge Dorman Long Engineering Limited- Technology and Construction Court - [2006] EWHC 1341 (TCC).

Encouragement to mediate - after a trial on preliminary issues.

June 2006

 

Muman (Sat Pal) and Others -v- Bhikku Nagasena - Court of Appeal - [1999] EWCA Civ 1742(acknowledgements to CEDR for the link to the judgment).

Stay of court proceedings for reasons unconnected with mediation - ordered not to be lifted until after attempt made to resolve disputes by mediation (but now see Halsey).

July 1999


National Westminster Bank PLC -v- Thomas James Feeney and Linda Catherine Feeney - Appeal to Mr Justice Eady sitting with Assessors in May 2007 (Appeal unreported but an approved note of the decision is on CEDR's web site >>).

The first instance decision of the Supreme Court Costs Office is at [2006] EWHC 90066 (Costs) >>

Costs of mediation after proceedings started - are they recoverable on later assessment?

May 2007 on appeal from the earlier decision in November 2006

See Mediation Update, July 2007 >>

Nigel Witham Limited v Robert Smith and Jacqueline Isaacs (No. 2) - Technology and Construction Court - His Honour Judge Peter Coulson QC - [2008] EWHC 12 (TCC)

Costs sanction - a party who succeeds in litigation may be prevented from recovering some of their legal costs from the other party if the successful party had unreasonably delayed a mediation - no such order was made on the facts of this case.

January 2008

 

Northrop Grumman Mission Systems Europe Limited -v- BAE Systems (Al Diriyah C4I) Limited - Technology and Construction Court - Mr Justice Ramsey - [2014] EWHC 3148 (TCC).

Costs Sanction - not applied - in circumstances where there was an unreasonable refusal to mediate but that was not the only consideration - there had been a without prejudice save as to costs that had to be balanced against the unreasonable refusal.

October 2014


P4 Limited -v- Unite Integrated Solutions PLC - Technology and Construction Court - Mr Justice Ramsey - [2006] EWHC 2924 (TCC).

Costs sanction - how to approach the analysis as to whether there was or was not an unreasonable refusal to mediate and whether a cost sanction should be imposed.

November 2006

 

PGF II SA -v- OMFS Company -  Court of Appeal - [2013] EWCA Civ 1288. 

Costs Sanction - failure to reply to invitations to mediate will, as a general rule, of itself be unreasonable - decision at first instance (see January 2012 below) was upheld. 

 October 2013  

PGF II SA -v- OMFS Company and Bank of Scotland PLC - Technology and Construction Court - Mr  Recorder Furst QC -[2012] EWHC 83 (TCC). 

Costs Sanction - unreasonable refusal to mediate was taken into account - see Court of Appeal decision at October 2013 above. 

January 2012  

Reed Executive PLC and Another -v- Reed Business Information Limited and Others - Court of Appeal - [2004] EWCA Civ 88.

Costs sanction - consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate - consideration of "without prejudice" rule as to disclosure of documents going to consideration of any refusal to mediate.

July 2004


Rolfe -v- De Guerin - Court of Appeal - [2011] EWCA Civ 78.

Costs Sanction - offers to enter into settlement negotiations or mediation were unreasonably refused.

Costs Sanction - offers to enter into settlement negotiations or mediation were unreasonably refused.

February 2011

 

Roundstone Nurseries Limited -v- Stephenson Holdings Limited - Technology and Construction Court - Mr Justice Coulson - [2009] EWHC 1431 (TCC).

Costs of mediation incurred pre-action - costs thrown away by refusal to attend a  mediation agreed as part of the Pre-Action Protocol procedure can be recoverable.

June 2009


Royal Bank of Canada -v- Secretary of State for Defence(link with acknowledgements to CEDR) - Mr Justice Lewison - [2003] EWHC 1841 (Ch).

Costs sanction - government pledge for ADR not followed (but now see Halsey).

May 2003

 

Ruttle Plant Hire –v- The Secretary of State for the Environment and Rural Affairs – Technology and Construction Court – Mr Justice Ramsay – [2007] EWHC 2870 (TCC). 

Economic duress - setting aside mediated settlement agreement - preliminary issues only.

 December 2007  see Mediation Update, January 2008 >>
See also an article in Building: "Keeping mum about mediation" >>

Siemens Building Technologies FE Limited -v- Supershield Limited- Technology and Construction Court - The Hon. Mr Justice Ramsey - [2009] EWHC 927 (TCC).

 

Reasonableness of a mediated settlement - relevance to claims against another party which was not a party to the settlement. 

 May, 2009