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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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CIVIL LITIGATION

Aird v Prime Meridian Ltd [2006] EWCA Civ 1866, [2006] All ER (D) 358 (Dec)

(i) When a joint experts’ statement is ordered under CPR 35.12(3), the experts are obliged to produce it and are in breach of their duty to the court if they do not. Such a statement is for use in the proceedings, and so is not protected by privilege. However, it is not an admission by the parties, nor can it be characterised as an admission by the experts, and so the parties are not bound by it.
(ii) The court cannot order the parties to mediate. However:

“The court can and does order a stay of proceedings for mediation, almost always when all parties have indicated that they are willing to try. The court may also perhaps, on occasions, consider making an adverse costs order against a party who is shown to have unreasonably refused to participate in mediation, although I personally regard that as a power to be exercised with caution.

Since the court cannot order the parties to participate in mediation, neither can the court make orders stipulating the details of how the parties should conduct a mediation. The most the court can do is to encourage” (per Lord Justice May at para 6).

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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