Darren Bent v Highways and Utilities Construction 2011 This is a first for me – writing about a case where one of the parties used to be in my fantasy football team (he’s not now, Demba Ba partners Van Persie). Of course this case is not about football it’s about the far more exciting issue…
Pattni v First Leicester Buses Limited The Court of Appeal has delivered its judgment in Pattni v First Leicester Buses Limited [2011] EWCA Civ 1384. The judgment also includes the case of Darren Bent v Highways and Utilities Construction. In both cases the claimants were not “impecunious” (see Lagden v O’Connor [2003] UKHL 64. Can the…
The Law Society intervened in the case of Sibthorpe & Anor v London Borough of Southwark [2011] EWCA Civ 25 because of the importance to the legal profession of the issue in question. Was an indemnity for adverse costs, provided by a solicitor to its client in a CFA, champertous? The defendant in this housing…
Mediation is confidential. That is a fundamental requirement for the process to work although there are exceptions. Every mediation agreement makes confidentiality a contractual agreement between the parties, their representatives and the mediator. In California confidentiality is enshrined in statute (Evidence Code, § 1119, subds. (a), (b).). In a recent California Supreme Court case the…
Part 36 is a self contained code. In Gibbon v Manchester City Council [2010] EWCA Civ 726 Lord Justice Moore-Bick ruled on two cases raising similar issues concerning the interpretation and effect of Part 36 of the Civil Procedure Rules. Is Part 36 subject to the general law of offer and acceptance or is it…
Decision refusing mediator’s application to have a witness summons set aside.
I have added a library of mediation related case law. The list is far from exhaustive and I will in due course categorise it properly and add mouse-over notes to save unnecessary linking to irrelevant cases. Please add comments or suggestions on how the service could be improved for you, after all that’s who it’s…
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