Generally, the basis for damages recovery in tort is compensatory. The claimant must show that it has suffered loss, and that it was caused by the defendant’s default. However, if the claimant could have avoided that loss but chose not to do so, should the loss be recoverable? This was one...
Read MoreThe Claimants own the “SuperDry” clothing brand, and the Defendants have a football club (Manchester City) whose strip featured sponsorship from Asahi Super Dry beer. Shortly before trial the Claimants asked the Court to order the parties to mediate. Since October 2024 the Civil Procedure Rules h...
Read MoreIn Beck Interiors v Eros [2024] EWHC 2084, Beck launched 2 adjudications within 10 days. Eros replied with a series of 4 adjudications over a subsequent 15 day period. Beck then applied for an order that all 4 be withdrawn. They argued that they did not have time to respond properly to all these...
Read MoreLast month was very busy with mediations, and some of the nicest feedback I’ve ever had – it’s very humbling when both sides are happy! Defendants: “Thank you for yesterday. An excellent mediation. Almost text book. I think that both sides will have walked away happy both with the result and the...
Read MoreMr Churchill brought a claim arising from encroachment of Japanese knotweed from adjoining land owned by local Council. The Council applied for a stay of proceedings to refer the complaint to the Council’s Corporate Complaints Procedure. The district judge ruled that Mr Churchill was acting unrea...
Read MoreAdjudicating claims under a Collateral Warranty Abbey Healthcare v Simply Construct: BLR [2022] p. 433, Court of Appeal The Facts Simply was a builder, which constructed the Arundale Care Home, achieving practical completion in October 2016. In August 2017 Abbey took a long lease of the property...
Read MoreExceptions to Without Prejudice protection re Mediation documents Berkeley Square Holdings vs. Lancer Property Asset Management, CA (2021) EWCA Civ 551 Facts: Berkeley and a number of associated companies had property holdings in London worth £5,000,000,000. Lancer acted as their asset manager b...
Read MoreBest Practice – A Proportionate Way to try domestic building disputes? The Sky’s the Limit Ltd v Mirza 2022 TCC Manchester, HH Stephen Davies [2022] EWHC 29 (TCC), BAIILI The Mirza family contracted with TSTL to carry out some building works to a large family house. The builder sued for circa £...
Read MoreSupreme Court restores the normal rules for Liquidated Damages Triple Point Technology vs PTT. BLM (2021) 556, UK Supreme Court Facts PTT was a commodity trader and Triple Point was a software designer. In February 2013 PTT contracted to pay Triple Point $6,900,000 to design and supply a sophis...
Read MoreHiscox Action Group v Arch Insurance (FCA intervening), 2021 UKSC 1 The FCA has stepped in to win a major test case favouring insureds’ claims on business interruption insurance Facts: The FCA as agreed a scheme with the leading UK insurance companies to fast-track major issues of law for early j...
Read MoreHart v Large, [2021] EWCA Civ 24, [2021] All ER (D) 51 (Jan) Liabilities on Surveyor for Home Buyers’ Survey Facts: Mr and Mrs Hart bought a property in Devon which had been completely rebuilt just beforehand by the vendor. They relied upon a homebuyer’s survey costing £600 from Mr Large and paid...
Read MoreNot all refusals to mediate are unreasonable... 2021:3 Pallett v MGN, (2021) EWHC 76 (Ch) Facts The Daily Mirror (MGN) hacked into Ms Pallett’s voicemails. She sued for breach of privacy, and MGN’s solicitors proposed mediation. She insisted on...
Read More"A" Company v Secretariat Consulting & Secretariat International [2021] EWCA Civ6, Background Secretariat Consulting and Secretariat International were both members of the Secretariat Group of companies, offering litigation support services. Company A hired Secretariat Consulting to provide...
Read MoreThe Newcastle Business and Property Court Forum's Webinar on 15th January was well received, and I've uploaded the slides in handout format. Please contact me if your organisation would like an in-house webinar on this new ADR medium.
Read MoreBackground Following the serious accident in the Gulf of Mexico on the Deepwater Horizon oil rig in 2010, a number of claims were brought against petrochemical companies, including Halliburton which settled several huge claims and then made an insurance claim of its own against its insurers, Chub...
Read MoreBarclays Bank v Various Claimants (2020) 2 WLR 960; BLM; UKSC. Facts People applying for employment at Barclays Bank were required to pass a medical examination. Barclays arranged for the examination be carried out by a Doctor who was self-employed and carried out examinations for a fee at his h...
Read MoreBresco v Lonsdale [2020] UKSC 25 UK Supreme Court Facts Bresco was the electrical subcontractor to Lonsdale, carrying out works at Saint James's Square London. Bresco ceased to perform its works and claimed £219,000, including damages for loss of profit. Lonsdale paid £325,000 to get the work car...
Read MoreDSN v Blackpool Football Club Limited (2020) EWHC 670 QB. (BAIILI) Facts When DSN was aged 13 he attended coaching sessions at Blackpool FC run by Frank Roper, who was a volunteer assisting Blackpool FC. Roper sexually assaulted him, and many years later DSN brought a claim against the club. DSN...
Read MoreMillchris Developments v Waters (2020) 4WLUK 45; (2020) BLM, Jefford J. Facts Millchris Developments built a new residential property for Mr Waters. Mr Waters alleged that he had overpaid £45,000 and brought an adjudication against Millchris in March 2020. An Adjudicator was appointed who announ...
Read MoreEarlier this year I was again entrusted with mediating a family trusts and probate dispute. These are often among the hardest to resolve, with a potent tangle of strong emotions, historic grievances, and large sums of money. Hanging over any inheritance case is always the wholly arbitrary power...
Read MoreIn Multiplex v Dunne CILL (2017 TCC) the High Court appeared to make redundant the adverse interpretation principle of contractual interpretation. Formerly known to lawyers as “contra proferentem”, this enabled a contracting party to rely upon ambiguities and alternative meanings in a document dr...
Read MoreThis has contributed to growing pressure on judicial time, and lengthening waiting lists. Before the 1996 Woolf reforms, waiting for a trial 2 or even 3 years was not uncommon, and we may be going back that way. There is little sign that the chancellor has any spare money to divert to the legal...
Read MoreThe mediator’s challenge temptation is to get into argument, and looking partisan, or antagonistic. Another approach is to try to overcome the confidence expressed by asking “what could go wrong?”, or even “so you’re saying that your client can’t lose? Are you putting that in writing?” My favouri...
Read MoreAnd if they don’t? Then the court can refuse to let the matter go forward until the Declaration has been filed. As a means of promoting ADR, this seems unlikely to have much impact – no doubt a standard form Statutory Declaration is already on every Dublin law firm’s precedent suite, and the De...
Read More
Copyright © 2025 Robert Langley Mediation