header-logo header-logo

Enforced security

15 May 2008 / Tony Allen
Issue: 7321 / Categories: Features , Procedure & practice , Mediation , Family
printer mail-detail

Mediation: protection by privilege and confidentiality? by Tony Allen

Following closely after the saga of the Bournemouth airport car park in Seventh Earl of Malmesbury v Strutt & Parker [2008] EWHC 616 (QB), [2008] All ER (D) 339 (Apr), comes another case dealing with the confidentiality of the mediation process (see NLJ, 2 May 2008, p 613). Namely, Cumbria Waste Management Ltd and Lakeland Waste Management Ltd v Baines Wilson [2008] EWHC 786 (QB), heard in the Birmingham Mercantile Court by HHJ Frances Kirkham. In Malmesbury, the Earl strangely conceded (along with his opponents) that the judge should hear the offers that each had made to the other at the mediation.

As a direct result of that, Mr Justice Jack found that the Earl's position at the mediation had been wholly unreasonable, and based part of his adverse costs sanction package on that. It is fundamental to that decision that it was not the judge who peered uninvited behind the veil normally drawn over without prejudice offers exchanged

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll