Jul 24, 2019
Blowing one’s own trumpet It is always good to achieve a settlement in a mediation but also nice to get feedback from the parties such as the following today: “I think Peter was excellent – he understood our position very well and worked with the other party who was...
Jul 23, 2019
No I’m not talking about Brexit for a change but rather the risks of not recording all the terms of a deal after a mediation but relying upon simple “heads of agreement” or an agreement to agree. Frequently in property cases, for example, the parties cannot finalise...
Jul 21, 2019
We have had some positive feedback from a representative at a mediation: Do you have any further comments on this mediation or suggestions as to how the Mediation Scheme could be improved? If yes, please provide them below I was very impressed with the utterly...
Jul 20, 2019
The High Court has held that heads of terms agreed at a mediation are capable of amounting to a binding contract that the court will uphold. The case of Abberley v Abberley concerned a farm in Wales being divided between family members. A dispute arose...
Jul 16, 2019
A retired couple risk losing their home over a hedge after legal battle with their neighbour. Ron and Wendy Long have been ordered by the Court to pay nearly £14,000 in legal costs in the boundary dispute. The couple contacted their neighbour after they found workmen...
Jul 13, 2019
In this case the margin by which a party beat their own Part 36 offer was not relevant in determining costs consequences. The case also highlights the risk taken in relying on beating part 36 offers and the massive cost of clinical negligence claims-better to mediate...
