The government response has been published to its consultation on “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extension of … Continue reading
In a resolution adopted on 2 February 2012 in response to the Commission’s 2011 consultation “Towards a coherent European approach to collective redress”, the European Parliament has taken a markedly less negative approach to the question of EU action on … Continue reading
In its draft report published on 15 July 2011, the European Parliament’s Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful … Continue reading
In Rolf v De Guerin  EWCA Civ 78, the Court of Appeal considered an appeal about the costs of a small building dispute, in circumstances where the claimant succeeded on only a fraction of her claim and the defendant … Continue reading
As we have previously reported, an EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive, which only applies to European cross-border disputes rather than to disputes within any … Continue reading
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2)  EWHC 1002 (TCC) Mr Justice Ramsey considered an application by a mediator to set aside … Continue reading
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker  EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension … Continue reading
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others  EWHC 1540 (Ch).
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga  UKPC 19 and Brown v Rice and others  EWHC 625 (Ch).
In the recent case of Reed Executive plc v Reed Business Information Ltd  EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs consequences that result from a party’s refusal to mediate … Continue reading