Subscribe to our Mediation Database mailing list »

Case List

AB & AB -v- CD Limited
April 16, 2013
Subject: Settlement Agreement
On the facts, the Judge found that the mediation had ended on the date fixed for the mediation even though the mediator continued to be involved thereafter until a settlement reached. On that basis, the Judge found that the requirement in the mediation agreement that the settlement had to be in writing and signed before it was binding did not apply and he went on to decide that there was a settlement here in telephone calls through the mediator.
Edwards-Stuart J UKHC(TCC) [2013] EWHC 1376 (TCC)
Subject: Costs – generally
An offer to enter into mediation was not unreasonably refused and no cost sanction was applied.
Akenhead J UKHC(TCC) [2012] EWHC 2904 (TCC)
Subject: Requirement to mediate – Employment
Slade J UKEAT [2017] UKEAT 0210/16/2203
Subject: Privilege
Lewison and Gloster LJJ UKCA [2016] EWCA Civ 602
Subject: Privilege
An agreed experts' statement used in mediation does not exist.
May and Smith LJJ and Sir Martin Nourse UKCA [2006] EWCA Civ 1866
Commentary: See Mediation Update, January 2007
Subject: Liability – agreed at mediation
Mark Rowland UKUT [2014] UKUT 524 (AAC)
Subject: Mediation – NHS
Elisabeth Laing J UKHC [2015] EWHC 191
Subject: Privilege, Settlement Agreement – Reasonableness
HHJ David Grant UKHC [2016] BLR 592, [2016] EWHC 2171 (TCC), 168 Con LR 201
Ames & anor v Davies & Ors
February 19, 2016
Subject: Settlement Agreement
Cox J UKHC [2016] EWHC 235 (QB)
Subject: Settlement Agreement – Reasonableness
HHJ Stephen Davies Sitting as a Judge of the High Court UKHC [2016] EWHC 2946 (TCC)
ARL, Re
August 18, 2015
Subject: Encouragement to mediate – inappropriate
Senior Judge Lush EWCOP [2015] EWCOP 55
Arnold v Britton & Ors
June 10, 2015
Subject: Encouragement to mediate
Lord Neuberger (President), Lord Sumption, Lord Carnwath, Lord Hughes, Lord Hodge UKSC [2016] 1 All ER 1, [2015] AC 1619, [2015] 2 WLR 1593, [2015] WLR(D) 247, [2015] HLR 31, [2015] UKSC 36
Subject:
Settlement agreement. Successful mediation, unable to implement settlement agreement. Defamatory statements made against mediator.
Jeremy Baker J UKHC [2015] EWHC 1118 (QB)
Subject: Agreement to mediate
Enforceability of agreement - necessity of mandatory obligation - other considerations as to ordering a stay of proceedings.
Coulson J UKHC(TCC) [2008] EWHC 3029 (TCC)
Commentary: See Mediation Update, February 2009
Subject: Costs – generally, Encouragement to mediate
McCombe and King LJJ UKCA (Divisional Court) [2016] EWCA Civ 478, [2016] 1 WLR 4506, [2016] WLR 4506, [2016] 3 Costs LR 633, [2016] WLR(D) 287
Subject: Compulsion – pre-trial, Settlement Agreement, Stay of proceedings
Blair J UKHC [2015] EWHC 2857 (Comm), [2015] 2 Lloyd's Rep 527
Subject: Settlement Agreement
A settlement in writing at a mediation required an employer to pay an employee the amount of £1.35 million. No mention was made in the agreement of income tax or who was to pay it. The employer paid £676,822.84 to the employee and £673,177.16 to HMRC as income tax. The employee did not succeed in persuading the court that he should have received £1.35 million (and that the employer should pay a further similar additional amount to HMRC). If the settlement agreement had included wording as to the tax position the litigation would have been avoided (assuming that the draft settlement would have survived inter-party discussion about that issue).
Vos J UKHC [2013] EWHC 1633 (Ch)
Barkhuysen -v- Hamilton
November 10, 2016
Subject: Neighbour dispute
Warby J UKHC [2016] WLR(D) 609, [2016] EWHC 2858 (QB)
Barron & anor v Vines
June 1, 2016
Subject: Failure to mediate
In this judgment the judge states: "The failure to take the reasonable step of pursuing []'s offer to mediate has a moderating impact on my awards."
Warby J UKHC [2016] EWHC 1226 (QB)
Subject: Mediation – NHS
Example of NHS mediation which had been unsuccessful.
Elisabeth Laing J UKEAT [2015] UKEAT 0417_14_0708
Subject: Stay of proceedings
Morgan J UKHC [2015] EWHC 1943 (Ch)
Bieber & Ors v Teathers Ltd
December 11, 2014
Subject: Insolvency, Settlement Agreement
HHJ Pelling QC sitting as a Judge of the High Court UKHC [2014] EWHC 4205 (Ch)
Subject: Economic Duress, Settlement Agreement
Longmore LJ UKCA [2015] EWCA Civ 1062
Subject: Encouragement to mediate
Neighbour dispute
Norris J UKHC [2014] EWHC 3267 (Ch)
Bramwell & Ors v Robinson
October 21, 2016
Subject: Encouragement to mediate
HHJ Behrens UKHC [2016] EWHC B26 (Ch)
Subject: Failure to mediate
Master Simons UKHC [2015] EWHC B22 (Costs)
Subject: Encouragement to mediate
In circumstances where Mott’s cost estimate to the end of a sub-trial was £27,494,500 and Brookfield’s was £45,695,000, a total cost estimate of £73,189,500.
Coulson J UKHC(TCC) [2010] EWHC 659 (TCC)
Subject: Privilege
Without prejudice negotiations - can the court look at negotiations in a mediation to see whether there was a concluded settlement? Mediation Agreement - can there be a settlement if it is not recorded in writing and signed by the parties?
Mr Stuart Isaacs QC (Sitting as a Deputy Judge of the High Court) UKHC [2007] EWHC 625 (Ch)
Commentary: See Mediation Update April 2007
Subject: Costs – generally
Following failure to agree to mediate at a time before the start of litigation - application of Halsey principles
Ward and Rix LJJ Court of Appeal [2005] EWCA Civ 358
Commentary: See Mediation Update, June 2005
Burgess & Anor v Lejonvarn
January 15, 2016
Subject: Encouragement to mediate
Neighbour dispute, disproprortionate costs
Mr Alexander Nissen QC (sitting as a Deputy High Court Judge) UKHC [2016] EWHC 40 (TCC)
Burne, Dr SR -v- “A”
January 25, 2006
Subject: Encouragement to mediate
Before the re-trial of a professional negligence claim against a doctor.
Ward, Sedley and Wilson LJJ Court of Appeal [2006] EWCA Civ 24
Commentary: See Mediation Update, July 2006
Subject: Agreement to mediate
Enforceability of agreement - adjournment of application until after mediation.
Colman J UKHC [2002] EWHC 2059 (Comm)
Subject: Costs – generally
Discussion of indemnity costs (standard basis ultimately awarded)
Stephen Furst QC (sitting as a Deputy High Court Judge) UKHC [2017] EWHC 464 (TCC)
Subject: Privilege
Disclosure to a third party, not a party to the mediation, was ordered - intervention in the proceedings by the mediator as to mediation privilege.
Master Bragge Chancery Division [2007] EWHC B16 (Ch)
Subject: Costs – after commencement of trial
Recoverable - court decided who should pay by looking at conduct in the mediation, the parties having waived privilege for that purpose. 
Rimer J UKHC [2007] EWHC 1774 (Ch)
Subject: Stay of proceedings
Birss J UKHC [2015] EWHC 743 (Ch)
Subject: Stay of proceedings
Coulson J UKHC [2014] EWHC 3546 (TCC), [2014] WLR(D) 455
Clacy& Anor v Sanchez & Ors
August 13, 2015
Subject: Encouragement to mediate
Judge Edward Cousins UKUT [2015] UKUT 387 (LC)
Subject: Settlement Agreement
Dingemans J UKHC [2016] EWHC 727 (QB)
Subject: Privilege, Settlement Agreement – Reasonableness
Nichol J UKHC [2016] EWHC 63 (QB)
Subject: Court of Appeal Mediation Scheme, Encouragement to mediate
Burnett LJ UKCA [2015] EWCA Civ 1316
Subject: Costs – generally
Consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate. 
Mr Justice Akenhead Technology and Construction Court [2009] EWHC 2109 (TCC)
Couwenbergh v Valkova
May 27, 2004
Subject: Costs – generally
Court draws attention in clear terms to the parties and the Legal Services Commission of a failure to mediate despite encouragement to do so (following the decision in Halsey). 
Ward, Waller and Hale LJJ UKCA [2004] EWCA Civ 676
Subject: Costs – generally
Court draws attention in clear terms to the parties and the Legal Services Commission of a failure to mediate despite encouragement to do so (following the decision in Halsey).
Mummery and Buxton LJJ UKCA [2001] EWCA Civ 1935
Subject: Confidentiality, Mediator Privilege, Privilege
Defendant solicitors to a negligence action in relation to contract drafting work were refused disclosure of mediation papers in circumstances where the other party to the mediation, DEFRA, objected. DEFRA were not a party to the litigation but appeared at the hearing. Acknowledgement that Mediators may have privilege in their own papers.
Judge Frances Kirkham UKHC [2008] EWHC 786 (QB)
Commentary: See Mediation Update, May 2008
Subject: Organisations – expert witness
Institute of Democracy and Mediation (IDM) in Netherlands.
Upper Tribunal Judge Dawson, Deputy Upper Tribunal Judge Bruce UKUT [2016] UKUT 92 (IAC)
Subject: Mediation – court ordered
Green J UKHC [2015] EWHC 129 (QB)
Subject: Costs – generally, Failure to mediate
Moore-Bick, Rimer and Aikens LJJ UKCA [2013] EWCA Civ 226
Subject: Failure to mediate
Indemnity costs
Longmore, Jackson LJJ and Hildyard J UKHC PTA application [2017] 3 WLR 166, [2015] EWCA Civ 1023, [2017] 1 All ER (Comm) 319, [2016] 4 All ER 490
Subject: Costs – generally
Following failure to agree to mediate (but now see Halsey). 
Brooke, Robert Walker and Sedley LJJ UKCA [2002] EWCA Civ 302
Subject: Stay of proceedings
Ben Emmerson QC (sitting as a deputy judge of the High Court) UKHC [2017] EWHC 1440 (Admin)
Subject: Encouragement to mediate
The parties spent in the region of £100,000 arguing over a claim which was worth about £6,000. 
Ward, Arden, and Smith LJJ UKCA [2007] EWCA Civ 1002
Subject: Adjourn to mediate
Application for various reasons, including to permit time for mediation - application refused.
Coulson J UKHC(TCC) [2010] EWHC 409 (TCC)
Subject: Encouragement to mediate
Lloyd Jones and King LJJ UKCA (PTA application) [2017] EWCA Civ 934
Subject: Encouragement to mediate
A neighbour dispute - Lord Justice Ward: “...Not all neighbours are from hell. They may simply occupy the land of bigotry. There may be no escape from hell but the boundaries of bigotry can with tact be changed by the cutting edge of reasonableness skilfully applied by a trained mediator. Give and take is often better than all or nothing.”
Ward, Lloyd and Jackson LJJ UKCA [2012] EWCA Civ 287
Subject: Privilege
Where a court is asked to set aside a mediated settlement on the grounds of economic duress, there is no implied waiver of legal advice by the claimant.
Ramsay J UKHC(TCC) [2008] EWHC 3079 (TCC)
Subject: Compulsion – mediator as witness
Mediator's application to set aside witness summons refused - exceptional circumstances - discussion of the law relating to confidentiality and privilege in mediation.
Ramsey J UKHC(TCC) [2009] EWHC 1102 (TCC)
Commentary: See Mediation Update, June 2009
Subject: Privilege, Settlement Agreement
Patten, Lloyd LJJ and Baker J UKCA [2016] EWCA Civ 717
Subject: Failure to mediate
The Judge said that mediation would have narrowed the issues and avoided the need to deal in a public court with whether one or other of two witnesses must not be telling the truth.
Coulson J UKHC(TCC) [2009] EWHC 1552 (TCC)
Subject: Adjourn to mediate
Application for various reasons, including to permit time for mediation - application refused.
Coulson J UKHC(TCC) [2009] EWHC 3070 (TCC)
Subject: Privilege
Refusal to allow a party to rely on matters discussed in without prejudice meetings (not in a mediation).
Auld, Longmore and Toulson LJJ UKCA [2007] EWCA Civ 502
Subject: Settlement Agreement
Solicitor had no duty to ensure that the mediation ended in an immediate binding agreement (as opposed to one which was subject to further negotiation and perfection at a later date) - the mediation process needs maximum flexibility.
Tomlinson and Ryder LJJ UKCA [2013] EWCA Civ 1960
Gard (A Child), Re
July 24, 2017
Subject: Encouragement to mediate
Charlie Gard case
Francis J UKHC [2017] EWHC 1909 (Fam)
Garnham v Millar & ors
February 11, 2015
Subject: Adjourn to mediate, Settlement Agreement
Newey J UKHC [2015] EWHC 274 (Ch)
Subject: Costs – generally
Unreasonable refusal to mediate results in costs sanction - indemnity costs ordered.
HHJ Waksman QC UKHC [2014] EWHC 1774 (Ch)
Subject: Encouragement to mediate
Edward Barley Jones QC (sitting as a deputy judge of the High Court) UKHC [2016] EWHC 3067 (Ch)
Subject: Costs – generally
The RSPCA’s reluctance to mediate the case was described as “unreasonable” and indemnity costs were ordered against the RSPCA on part of the claim.
Mr James Allen QC (Deputy High Court Judge) UKHC [2009] EWHC 834 (Ch), [2009] EWHC B34 (Ch)
Commentary: In the Court of Appeal, the decision of the Judge was upheld, albeit on different grounds and the costs issue was not argued - click for judgment of the Master of the Rolls, Lloyd and Jackson LJJ's judgment of 14 December 2010
Subject: Settlement Agreement
Morgan J UKHC [2016] EWHC 3179 (Ch)
Subject: Requirement to mediate – Judicial Review
Statutory review under section 101 FA 2015 as an alternative remedy.
Green J UKHC [2017] EWHC 1476 (Admin)
GMP, Re
October 19, 2015
Subject: Court of Protection
Mediation obviously encouraged earlier but not taken up.
Senior Judge Lush UKCOP [2015] EWCOP 67
GN v MA
December 22, 2015
Subject: Encouragement to mediate
Family case, periodical payments
Bodey J UKHC [2015] EWHC 3939 (Fam)
Gore v Naheed & Anor
May 24, 2017
Subject: Failure to mediate
Patten, Lewison and Underhill LJJ UKCA [2017] EWCA Civ 369
Subject: Encouragement to mediate
Hire purchase agreement
Master of the Rolls, Beatson LJ, Briggs LJ UKCA [2015] BUS LR 1, [2015] 3 All ER 223, [2014] EWCA Civ 1413, [2015] 2 All ER (Comm) 465, [2014] WLR(D) 460
Subject: Encouragement to mediate
Francis J UKHC [2017] EWHC 972 (Fam)
Commentary: Charlie Gard case
Subject: Costs – generally
Without prejudice and Part 36 offer.
Lewison J UKHC Reported in The Times on 23 December 2005 or see [2005] ADR LR 11/01
Commentary: See Mediation Update, January 2006
Subject: Costs – generally, Failure to mediate
Principles to be applied; compulsion by court to mediate - mediation will not be forced on parties (but there may be cost sanctions).
Ward, Laws and Dyson LJJ UKCA [2004] EWCA Civ 576
Hashwani v Jivraj [2015]
April 23, 2015
Subject: Mediation for specific groups
Comment on the importance of mediation in the Ismaili community.
Paul Walker J UKHC [2015] EWHC 998 (Comm)
Subject: Settlement Agreement
Underhill, Briggs King LJJ UKCA [2015] EWCA Civ 327
Subject: Stay of proceedings
Judge John Brooks UKTC [2016] UKFTT 44 (TC)
Subject: Contempt of court, Settlement Agreement
Post-settlement failure to attend at court
Morgan J UKHC [2016] EWHC 2628 (Ch)
Subject: Privilege
HHJ Hodge QC sitting as a Judge of the High Court UKHC [2016] EWHC 2119 (Ch)
Subject: Encouragement to mediate
Employment case
Langstaff J UKEAT [2015] UKEAT 0416_14_0303
Hurst -v- Leeming
May 9, 2002
Subject: Costs – generally
Following failure to agree to mediate - not applied on grounds that mediation was not appropriate on these facts (but now see Halsey).
Lightman J UKHC [2001] EWHC 1051 (Ch)
Subject: Encouragement to mediate
Costly litigation over who owned a patent.
Ward, Jacob and Wilson LJJ UKCA [2006] EWCA Civ 145
Commentary: See Mediation Update, July 2006
Subject: Encouragement to mediate
Child contact case
Richards, McFarlane Christopher Clarke LJJ UKCA (from FD) [2015] EWCA Civ 910
Subject: Privilege
Rose J UKHC [2017] EWHC B19 (Ch)
Commentary: Appeal heard July 7, 2016.
Subject: Adjourn to mediate, Settlement Agreement
Adjournment to mediate in contempt case not in the public interest
Green J UKHC [2015] EWHC 2040 (QB)
Subject: Failure to mediate
HHJ Pelling QC UKHC [2016] EWHC 626 (Ch)
Subject:
Simon J UKHC [2015] EWHC 218 (QB)
JM v MM
June 18, 2015
Subject: Encouragement to mediate
Family case
HHJ Wildblood QC UK FC B [2015] EWFC B74
Subject: Costs – generally, Failure to mediate
Judge Mark UKFTT [2014] EWLandRA 2012_1006, [2014] UKFTT 0314 (PC), [2014] UKFTT 314 (PC)
Jones v Murrell & Anor
November 29, 2016
Subject: Encouragement to mediate – appropriate, Neighbour dispute
Lang J UKHC [2016] EWHC 3036 (QB)
Subject: Privilege
Comment on without prejudice nature of mediation
Coulson J UKHC(TCC) [2017] EWHC 1579 (TCC)
Subject: Compulsion – to mediate
Order to mediate made against unwilling party (but now see Halsey) - origin of "Kinstreet" Orders.
Arden J UKHC
Subject: Compulsion – to mediate, Costs – generally, Encouragement to mediate
Turner J UKHC [2015] EWHC 371 (QB), [2015] 3 Costs LR 471
Subject: Costs – generally
Party withdrew from mediation after appointment of mediator and delivery to him of submissions (but now see Halsey).
Judge, Longmore LJJ and Sir Swinton Thomas UKHC [2003] EWCA Civ 333
Subject: Encouragement to mediate
Martin Rodger QC UKUT [2017] UKUT 213 (LC)
Subject: Failure to mediate
Sir Anthony Edwards-Stuart UKHC [2017] EWHC 30 (TCC), [2017] 1 Costs LO 95
Subject: Costs – generally
Incurred pre-action - application for security for costs - not "costs of and incidental to the proceedings" under Section 51, Supreme Court Act, 1981 - costs not recoverable.
Coulson J UKHC(TCC) [2008] EWHC 413 (TCC)
MacInnes v Gross
February 3, 2017
Subject: Failure to mediate
Coulson J UKHC [2017] 2 Costs LR 243, [2017] 4 WLR 49, [2017] EWHC 127 (QB), [2017] WLR(D) 83
Subject: Costs – generally
Where both parties are unreasonable in a mediation, there is no costs sanction. However, one party acting unreasonably would be in the same position as a party refusing to mediate and, therefore, at risk of a cost sanction. Note that privilege was waived by both parties.
Jack J UKHC [2008] EWHC 424 (QB)
Subject: Costs – generally
Following the exhortation to mediate of lower tier Judge.
Ward, Mantell and Jonathan Parker LJJ UKHC [2004] EWCA Civ 294
Mr H TV Ltd -v- ITV2 Ltd
October 8, 2015
Subject: Failure to mediate
Flaux J UKHC [2015] EWHC 2840 (Comm)
Subject: Encouragement to mediate
Jackson J UKHC(TCC) [2008] EWHC 2220 (TCC)
Subject: Encouragement to mediate
After a trial on preliminary issues.
Jackson J UKHC(TCC) [2006] EWHC 1341 (TCC)
Subject: Stay of proceedings
For reasons unconnected with mediation - ordered not to be lifted until after attempt made to resolve disputes by mediation (but now see Halsey).
Nourse, Swinton Thomas and Mummery LJJ UKCA [1999] EWCA Civ 1742
Murray & Anor v Bernard
February 2, 2015
Subject: Costs – generally
Mann J UKHC [2015] EWHC 2395 (Ch)
Nata Lee Ltd v Abid & anor
December 18, 2014
Subject: Encouragement to mediate
Moore-Bick, Underhill and Briggs LJJ UKHC [2014] EWCA Civ 1652
Subject: Costs – generally
Costs of mediation after proceedings started - are they recoverable on later assessment?
Eady J sitting with Assessors UKHC
Commentary: See Mediation Update, July 2007
Subject: Family disputes – property
Jimmy Saville estate case: discussion of alternatives such as mediation and early neutral evaluation, no arguments were addressed to the judge or to CoA to suggest that these were serious and effective alternatives.
Patten, Gloster, Bean LJJ UKCA [2014] EWCA Civ 1632
Subject: Costs – generally
A party who succeeds in litigation may be prevented from recovering some of their legal costs from the other party if the successful party had unreasonably delayed a mediation - no such order was made on the facts of this case.
HHJ Peter Coulson QC UKHC(TCC) [2008] EWHC 12 (TCC)
Subject: Costs – generally, Failure to mediate
LCJ, Tomlinson and Vos LJJ UKCA [2017] 1 Costs LR 1, [2015] EWCA Civ 1631
Subject: Cross-border and international, Global settlement
Snowden J UKHC (Companies Court) [2016] WLR(D) 574, [2017] Bus LR 590, [2016] EWHC 2769 (Ch)
Subject: Stay of proceedings
Edwards-Stuart J UKHC [2015] EWHC 2384 (TCC)
Subject: Costs – generally
Not applied - in circumstances where there was an unreasonable refusal to mediate but that was not the only consideration - there had been a without prejudice save as to costs that had to be balanced against the unreasonable refusal.
Ramsey J UKHC(TCC) [2014] EWHC 3148 (TCC)
Subject: Costs – generally, Refusal to mediate, Settlement Agreement – Reasonableness
Ramsey J UKHC [2014] EWHC 3148 (TCC)
Subject: Failure to mediate, Settlement Agreement – Reasonableness
Chancellor, Kitchin and Floyd LJJ UKHC [2017] EWCA Civ 195, [2017] WLR(D) 218
Subject: Stay of proceedings
Proudman J UKHC [2015] EWHC 2046 (Ch), [2015] BPIR 1238, [2016] 3 WLR 1231, [2016] 2 All ER 1065
Subject: Costs – generally, Failure to mediate
No evidence that settlement probable
HHJ Pelling QC sitting as a Judge of the High Court UKHC [2015] PNLR 33, [2015] 6 Costs LO 667, [2015] EWHC 1963 (Ch)
Subject: Costs – generally
How to approach the analysis as to whether there was or was not an unreasonable refusal to mediate and whether a cost sanction should be imposed.
Ramsey J UKHC(TCC) [2006] EWHC 2924 (TCC)
Subject:
Costs, Failure to mediate
Lavender J UKHC [2017] EWHC 2421 (QB)
Subject: Encouragement to mediate
Moore-Bick, Underhill and Christopher Clarke LJJ UKCA [2015] EWCA Civ 645
PB v RB & Anor
February 26, 2016
Subject: Encouragement to mediate
Court of Protection
District Judge Eldergill EWCOP [2016] EWHC COP 12
PB, Re:
March 21, 2014
Subject: Encouragement to mediate
Elder case
Parker J EWCOP [2014] EWCOP 14
PGF II SA -v- OMFS Company
October 23, 2013
Subject: Costs – generally
Failure to reply to invitations to mediate will, as a general rule, of itself be unreasonable - decision at first instance (see January 2012 below) was upheld. 
Maurice Kay, Beatson and Briggs UKCA [2013] EWCA Civ 1288
Subject: Costs – generally
Unreasonable refusal to mediate was taken into account - see Court of Appeal decision at October 2013 above.
Mr Recorder Furst QC UKHC(TCC) [2012] EWHC 83 (TCC)
Subject: Adjourn to mediate, Insolvency
John Baldwin QC UKHC [2016] EWHC 187 (Ch)
Subject: Settlement Agreement
Chancellor, Davis and Vos LJJ UKHC [2016] EWCA Civ 5
Subject: Refusal to mediate
A.J. Trott and Martin Rodger QC UKUT [2017] UKUT 57 (LC)
Subject: Failure to mediate
Kerr J UKEAT [2017] UKEAT 0309_16_2804
Subject: Costs – generally
Consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate - consideration of "without prejudice" rule as to disclosure of documents going to consideration of any refusal to mediate.
Auld, Rix and Jacob LJJ UKCA [2004] EWCA Civ 88
Subject: Failure to mediate
Master O'Hare  [2015] EWHC B21 (Costs); [2015] WL 8131473
Subject: Mediation – insurance
Judge Peter Kempster, Mr Mohammed Farooq UKFTT [2015] UKFTT 469 (TC)
Rolfe -v- De Guerin
February 9, 2011
Subject: Costs – generally
Offers to enter into settlement negotiations or mediation were unreasonably refused.
Rix, Elias and Tomlinson LJJ UKCA [2011] EWCA Civ 78
Subject: Costs – generally
Incurred pre-action - costs thrown away by refusal to attend a mediation agreed as part of the Pre-Action Protocol procedure can be recoverable.
Coulson J UKHC(TCC) [2009] EWHC 1431 (TCC)
Subject: Costs – generally
Government pledge for ADR not followed (but now see Halsey).
Lewison J UKHC [2003] EWHC 1841 (Ch)
Subject:
Requirement for external mediation in an industrial dispute.
Supperstone J UKHC QB [2017] EWHC 2548 (QB)
Rubin & anor v Parsons & anor
February 16, 2016
Subject: Encouragement to mediate
Peter Smith J UKHC [2016] EWHC 237 (Ch)
Subject: Economic Duress
Setting aside mediated settlement agreement - preliminary issues only.
Ramsey J UKHC(TCC) [2007] EWHC 2870 (TCC)
Commentary: See Mediation Update, January 2008
Sabha & Ors v Rai & Ors
October 28, 2015
Subject: Costs – generally
Arden LJ UKCA PTA application [2015] EWCA Civ 1594
Subject: Costs – generally
Master Haworth UKHC [2017] EWHC B1 (Costs)
Subject: Mediation is appropriate
Fraser J UKHC [2016] EWHC 1949 (TCC)
Subject: Settlement Agreement
Coulson J UKHC [2015] EWHC 3244 (TCC)
Subject: Settlement Agreement – Reasonableness
Relevance to claims against another party which was not a party to the settlement. 
Ramsey J UKHC(TCC) [2009] EWHC 927 (TCC)
Subject: Encouragement to mediate
Chief Master Marsh UKHC [2016] EWHC 2141 (Ch)
Simpson v Simpson
December 20, 2016
Subject: Encouragement to mediate
Family business
Jackson, Patten & Black LJJ UKCA [2016] EWCA Civ 1306
Subject: Encouragement to mediate, Stay of proceedings
HHJ Simon Barker QC UKHC [2016] EWHC B33 (Ch)
Subject: Encouragement to mediate
Lloyd Jones & Underhill LJJ UKCA (from ET) [2017] EWCA Civ 882
Subject: Encouragement to mediate
Akenhead J UKHC [2015] EWHC 457 (TCC)
Subject: Privilege
McFarlane, Davis and Lloyd-Jones LJJ UKHC [2015] EWCA Civ 680
Subject: Costs – generally, Encouragement to mediate
Henry Carr J UKHC [2017] EWHC 1477 (Pat)
Subject: Costs – generally
Elias, Patten and Floyd LJJ UKCA [2014] EWCA Civ 1551
Subject: Settlement Agreement
Aikens, Kitchin & Briggs LJJ UKCA [2015] EWCA Civ 516 (on appeal)
Stretchline v H&M
October 14, 2014
Subject: Settlement Agreement, Stay of proceedings
Sales J UKHC [2014] EWHC 3605 (Ch)
Subject: Failure to mediate
P D McCrea FRICS UKUT (LC) [2015] UKUT 384 (LC)
Swampillai v Joseph
February 19, 2015
Subject: Privilege
Briggs LJ UKCA PTA application [2015] EWCA Civ 261
Thakkar v Patel
January 25, 2017
Subject: Failure to mediate
Jackson and Briggs LJJ UKCA [2017] EWCA Civ 117
Commentary: Full judgment not available.
Subject: Employment
Lords Neuberger (President), Lady Hale (Deputy President), Lord Mance, Lord Kerr, Lord Wilson, Lord Reed and Lord Hughes UKSC [2017] UKSC 51
Subject: Compromise agreement – mediation, Stay of proceedings
Drafting issue in compromise agreement
HHJ Hodge QC UKHC [2016] EWHC 2127 (Ch)
Valentine v Alan & ors
June 25, 2003
Subject: Failure to mediate
Peter Gibson, Chadwick and Hale LJJ UKCA [2003] EWCA Civ 915 see also [2003] EWHC 9043 (Costs) summary
Subject: Encouragement to mediate, Privilege
Iain Purves QC sitting as a Deputy Judge of the High Court UKHC [2014] EWHC 4047 (Ch), [2015] 1 Costs LR 85
Subject: Failure to mediate
HHJ Eady QC UKEAT [2016] IRLR 388, [2016] UKEAT 0157_15_0704, [2016] ICR 643
Subject: Encouragement to mediate
HHJ David Richardson UKEAT Preliminary hearing [2017] UKEAT 0296_16_2604
Subject: Adjourn to mediate, Costs – generally
Costs, Failure to mediate point not successful
Langstaff J UKHC [2016] EWHC 1636 (Admin)
Williams v Seals & Ors
November 11, 2014
Subject: Encouragement to mediate, Family disputes – property
David Richards J UKHC [2014] EWHC 3708 (Ch)
Subject: Encouragement to mediate
HHJ Simon Wood UK FC B [2016] EWFC B100
XYZ v Various
April 8, 2015
Subject: Costs – generally, Failure to mediate
Thirwall J UKHC [2015] EWHC 1151 (QB), [2015] 3 Costs LO 381