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21 February 2008 / Jonathan Pratt
Issue: 7309 / Categories: Features , Public , Procedure & practice , Mediation
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The perfect moment

How do parties recognise the correct time to mediate? asks Jonathan Pratt

Is there a right time to mediate? If one side refuses to mediate until shortly before trial, should that party be penalised in costs? Can mediation take place too early? These issues were considered in the recent High Court case of Nigel Witham Ltd v Smith and another [2008] EWHC 12 (TCC), [2008] All ER (D) 101 (Jan). The underlying dispute related to fees for the design and project management of building works at a hotel. At trial, the defendants  were awarded damages of £1,683 in respect of one of their counter-claims. This sum was dwarfed by the defendants’ claim for £123,000 in costs.

The claimant sought to persuade the court to depart from the general rule that costs follow the event by relying on the ruling of the Court of Appeal in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920 that a party to litigation who unreasonably refuses to engage

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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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