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Article

Herbert Smith Freehills LLP | United Kingdom | 19 Oct 2016

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to ‘unambiguous impropriety’

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a

Article

Herbert Smith Freehills LLP | United Kingdom | 28 Feb 2011

Tips for maximising your insurance recoveries

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.

Article

Herbert Smith Freehills LLP | Italy | 22 Sep 2010

ECJ issues its opinion in support of Italian mandatory mediation rules

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 4 Nov 2009

Conduct at mediation and its impact on costs assessed by the courts

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 4 Nov 2009

Mediator summoned to give evidence at trial regarding the mediation

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 25 Jun 2009

Mediator summoned to give evidence at trial regarding the mediation

Without prejudice privilege in mediation exists between the parties and is not a privilege of the mediator.

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