header-logo header-logo

15 May 2008 / Tony Allen
Issue: 7321 / Categories: Features , Procedure & practice , Mediation , Family
printer mail-detail

Enforced security

Mediation: protection by privilege and confidentiality? by Tony Allen

Following closely after the saga of the Bournemouth airport car park in Seventh Earl of Malmesbury v Strutt & Parker [2008] EWHC 616 (QB), [2008] All ER (D) 339 (Apr), comes another case dealing with the confidentiality of the mediation process (see NLJ, 2 May 2008, p 613). Namely, Cumbria Waste Management Ltd and Lakeland Waste Management Ltd v Baines Wilson [2008] EWHC 786 (QB), heard in the Birmingham Mercantile Court by HHJ Frances Kirkham. In Malmesbury, the Earl strangely conceded (along with his opponents) that the judge should hear the offers that each had made to the other at the mediation.

As a direct result of that, Mr Justice Jack found that the Earl's position at the mediation had been wholly unreasonable, and based part of his adverse costs sanction package on that. It is fundamental to that decision that it was not the judge who peered uninvited behind the veil normally drawn over without prejudice offers exchanged at mediations, but both parties who invited him there by specifically

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll