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15 May 2008 / Tony Allen
Issue: 7321 / Categories: Features , Procedure & practice , Mediation , Family
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Enforced security

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

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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