In Farm Assist Limited (in liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No.2)  EWHC 1102 (TCC), a mediator applied to set aside a witness summons on the grounds that pursuant to the terms of the mediation agreement, the mediation was confidential and that the mediation had taken place on a without prejudice basis and was subject to privilege. The witness summons related to proceedings where the Claimant was attempting to set aside a settlement agreement concluded at the mediation on the basis that the agreement had been procured by economic duress. Ramsay J rejected the application finding that the parties had waived privilege. He ruled that based on the facts of the case and in the interests of justice, he was prepared to overlook the confidentiality clause contained in the mediation agreement and order the mediator to provide evidence.
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Mediator – compliance with witness statement
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