Cases: Mediation Law

Investec Bank (UK) Ltd v Zulman [2010] EWCA Civ 536

Facts Mr Zulman senior and Mr Zulman junior ran a business and approached Investec for further finance. Zulman senior then provided a guarantee to Investec against the business’s borrowing. Amendments to the initial terms were discussed and agreed orally but the draft amended guarantee was never signed.   Issues Dispute on whether or not Investec…

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MWB Business Exchange Centres Ltd v Rock Advertising Ltd

Facts Both parties had contracted and later purported to agree to an oral variation of the scheduled payment plans that were written. The supplier sought to enforce the written agreement by saying that the contract contained a clause to the effect that it may not be varied unless in writing and that any variation would…

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Cumbria Waste Management Ltd and Lakeland Waste Management Limited v Baines Wilson (A Firm) [2008] EWHC 786

Facts The defendant acted as solicitor for claimants in connection with the drafting and negotiation of an agreement between themselves. The claimants were in dispute as to the sums owing pursuant to the agreement. The settlement took place after several “without prejudice” communications and two mediations. Issue Whether the defendant was entitled to disclose the…

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Reed Executive Plc v Reed Business Information LTD [2004] 1 WLR 3026

  Reed Executive Plc v Reed Business Information LTD [2004] is a Mediation Law concerning an allegation of trademark infringement, refusal to go to ADR and a request for disclosure.   The case summary contains 409 words. Keywords: Mediation Law – Intellectual property – Trademarks – Dispute – Without prejudice negotiations – Alternative dispute resolution…

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Aird & Aird v Prime Meridian [2006] EWCA Civ 1866

Facts Dispute arose between the parties and proceedings were to commence. Each party appointed an expert and the court ordered the experts to meet and prepare a joint statement of issues they agreed on and those on which they did not. Issues Claimant obtained an order that the joint statement was privileged and could not…

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