Case Law Database

Whether solicitors who had been party to earlier litigation (and mediation) involving the Claimant should be restrained from continuing to act for another defendant in separate proceedings. Confidentiality / conflict of interest.

The effect of so-called ‘heads of terms’ agreements produced at mediation, and in particular the extent to which they bind those who sign them, is often misunderstood, with unfortunate consequences. In a recent High Court decision, Abberley v Abberley [2019] EWHC 1564 (Ch), HHJ Jarman QC considered exactly this question; his judgment acts as a useful reminder, to all those involved in mediation, of the need to draft such documents with care.

Consideration of whether court can order parties to mediation / Early Neutral Evaluation

Court of Appeal judgment considering the issue of when an equitable lien arises in favour of a solicitor doing work on behalf of a client. The judgment raises the question whether, in the case of a solicitor providing services in relation to ADR, before a claim has been issued, there is an entitlement in favour of the solicitor to an equitable lien.

Case concerning payment of corporation tax but with added postscript on the utility of ADR in this dispute

Employment claim concerning non-compete provision

Mediation in the context of an employment claim; whether mediation report was confidential

HMRC ADR scheme - disclosure of what went on at mediation - cross-examination of mediator

Costs decision; refusal to mediate; injunction

Refusal to mediate; Judge found refusal justified; No cause for indemnity costs