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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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