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Party ordered to pay costs thrown away by late withdrawal from mediation
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 4 2009
In Roundstone Nurseries Limited v Stephenson Holdings Limited 2009 EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation
Lord Justice Jackson's costs review views on ADR
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 4 2009
In January 2009 Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost
Formal mediation scheme launched in relation to family proceedings
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
Further to a pilot in 2009, a practice direction came into force in April 2010 that empowers civil courts hearing family law disputes to attempt to resolve appropriate cases through mediation
Validity of provision requiring one party to bear the costs of adjudication
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd 2010 EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a dispute to adjudication, it would be liable for its own legal and professional costs and those of the employer, regardless of the eventual decision
Court refuses to enforce adjudicator's decision
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
In Pilon Limited v Breyer Group Plc 2010 EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous and breached the rules of natural justice
Court rules that mediation and adjudication can run concurrently
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
In Ericsson AB v EADS Defence & Security Systems Ltd 2009 EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make types of dispute resolution mutually exclusive
Lord Justice Jackson's review of civil litigation costs - views on ADR
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010
Correcting an adjudicator's mathematical errors
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur
Mediator summoned to give evidence at trial regarding the mediation
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 4 2009
In Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No 2) 2009 EWHC 1002 (TCC), the court concluded that in exceptional circumstances, the confidentiality provisions of the Mediation Agreement between the parties and the mediator can be set aside in the interests of justice
Conduct at mediation and its impact on costs assessed by the courts
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 4 2009
Two High Court cases (7th Earl of Malmesbury and others v Strutt & Parker and Nigel Witham Ltd v Robert Smith and others No. 2 ) reviewed and sanctioned an extension of the criteria set down in 2004 by the Court of Appeal in Halsey v Milton Keynes General NHS Trust beyond cases concerning mere refusals to mediate
Current Search
- Workarea - Litigation
- Workarea - Arbitration
- Firm Name - Herbert Smith Freehills LLP
- Jurisdiction - United Kingdom
- Author - Sonya Leydecker
- Author - Alexander Oddy
- Author - Anthony Monaghan