Enforced security

By:

Allen, Tony

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.

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