The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a
In recent years, many contractors who have made claims under insurance polices have observed that the timescale for the investigation, adjustment, agreement and settlement of claims by international insurers has steadily increased.
In our 21 June 2010 ADR e-bulletin we reported on the implementation of new domestic Italian legislation requiring parties to engage in mediation as a pre-condition to accessing the Italian courts in many types of disputes.
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.
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.
Without prejudice privilege in mediation exists between the parties and is not a privilege of the mediator.