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 […]
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Caledonian Challenge
On Saturday 14 June 2008, Toby Gibson, litigation partner at Gibson & Co successfully completed the Caledonian Challenge. This is a gruelling 54 mile course, over the West Highland Way in the Scottish highlands, covering the section from Fort William down to Loch Lomond. Competitors climb the equivalent of Ben Nevis twice. The “Challenge” is […]
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 […]