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Enforced security

By: Language: English Series: New Law Journal ; 158 (7321) 16 May 2008, 688-689 (2)Publication details: 2008Subject(s): Summary: Notes the decision by the parties in Carleton v Strutt & Parker to waive rights to privilege over mediation proceedings. Examines this in light of the court's later decision in Cumbria Waste Management Ltd v Baines Wilson. The case turned on whether disclosure could be ordered by the court against the wishes of one of the parties to the mediation, where the conduct of the representatives of the other party was subject to a professional negligence claim. Considers the extent of the confidentiality provisions within mediation agreements and the operation of "without prejudice" privilege.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L143773 (Browse shelf(Opens below)) 1 Available 143773-1001

Notes the decision by the parties in Carleton v Strutt & Parker to waive rights to privilege over mediation proceedings. Examines this in light of the court's later decision in Cumbria Waste Management Ltd v Baines Wilson. The case turned on whether disclosure could be ordered by the court against the wishes of one of the parties to the mediation, where the conduct of the representatives of the other party was subject to a professional negligence claim. Considers the extent of the confidentiality provisions within mediation agreements and the operation of "without prejudice" privilege.