It is becoming increasingly common for the unsuccessful party in litigation to try to argue that it ought not to be paying the successful party’s costs on the basis of a failure to mediate. The case law on that issue is relatively settled (see the judgment of LJ Dyson in Halsey v Milton Keynes General […]
Category: Legal Update
Trust In Meditation?
The purpose of this article is to assess three issues: whether there is a duty to mediate; whether trust related disputes are specially suitable for mediation; and how to prepare for a mediation. Duty to mediate? Are practitioners currently under any obligations to consider mediation or some other form of alternative dispute resolution? The ACTAPS […]
Contractual Discretion
The recent Court of Appeal decision in Socimer International Bank Limited v Standard Bank London Limited (2008) EWCA Civ 116 provides some helpful guidance on the extent of a party’s discretion when the contract was silent on the issue. This case concerned a portfolio of forward sales of securities that Socimer had bought from Standard […]