Tag: privilege
Showing 19 out of 19 results
Supreme Court of India holds that mediation proceedings are confidential
On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held …
Civil Mediation Council (CMC) guidance on mediators' obligations under the Proceeds of Crime Act 2002
Section 328 of the Proceeds of Crime Act 2002 (PoCA) provides that it is an offence for a person to be involved in an arrangement that he knows or …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
No such thing as mediation privilege - yet
In a recent High Court case, Brown v Rice & Patel [2007] EWHC 625 (Ch), Mr Stuart Isaacs QC (sitting as a deputy judge of the High Court) held that …
Admissibility of without prejudice negotiations when ADR is refused
In Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs …
Court of Appeal gives guidance on when it is reasonable to refuse ADR
In a judgment handed down this week, the Court of Appeal has given some welcome guidance for litigants on when it may be reasonable to refuse Alternative …