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21 February 2008 / Jonathan Pratt
Issue: 7309 / Categories: Features , Public , Procedure & practice , Mediation
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The perfect moment

How do parties recognise the correct time to mediate? asks Jonathan Pratt

Is there a right time to mediate? If one side refuses to mediate until shortly before trial, should that party be penalised in costs? Can mediation take place too early? These issues were considered in the recent High Court case of Nigel Witham Ltd v Smith and another [2008] EWHC 12 (TCC), [2008] All ER (D) 101 (Jan). The underlying dispute related to fees for the design and project management of building works at a hotel. At trial, the defendants  were awarded damages of £1,683 in respect of one of their counter-claims. This sum was dwarfed by the defendants’ claim for £123,000 in costs.

The claimant sought to persuade the court to depart from the general rule that costs follow the event by relying on the ruling of the Court of Appeal in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920 that a party to litigation who unreasonably refuses to engage in mediation may be penalised in costs. This principle

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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
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