At last, clarity for mediation
Series: New Law Journal ; 154(7132) 11 June 2004, 878 (2)Publication details: 2004Subject(s): Summary: Examines the CA landmark judgment in "Halsey v Milton Keynes General NHS Trust; Steel v Joy and another" ([2004] EWCA Civ 576, Abs67919). This clarified the court's approach to mediation especially in the case of the "Halsey" judgment where two crucial questions are addressed; the circumstances where a court requires the parties to mediate where one of the parties does not wish to do so, and in which situations will one party's refusal to mediate deprive it of the usual costs order? This decision appears to be a reversal of a trend in recent cases such as "Cable and Wireless Plc v IBM (UK) Ltd" ([2002] EWHC 2059 (Comm), [2002] 2 ALL ER 1041 (Comm)).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67920 (Browse shelf(Opens below)) | 1 | Available | 126596-1001 |
Examines the CA landmark judgment in "Halsey v Milton Keynes General NHS Trust; Steel v Joy and another" ([2004] EWCA Civ 576, Abs67919). This clarified the court's approach to mediation especially in the case of the "Halsey" judgment where two crucial questions are addressed; the circumstances where a court requires the parties to mediate where one of the parties does not wish to do so, and in which situations will one party's refusal to mediate deprive it of the usual costs order? This decision appears to be a reversal of a trend in recent cases such as "Cable and Wireless Plc v IBM (UK) Ltd" ([2002] EWHC 2059 (Comm), [2002] 2 ALL ER 1041 (Comm)).