Mr Dominic Bright

Barrister and CMC Registered Mediator

  • Mediator
  • Public Access

Introduction

Commercial

M v F – drafted pleadings claiming possession of a commercial property following breach of covenant to pay rent and insurance rent (August 2023).

V v N – successfully made submissions, so that possession, judgment for about £6,000, about £1,300 mesne profits, and contractual costs on the indemnity basis of over £10,500 were awarded (August 2023).

Advice on proceedings following peaceful re-entry by the landlord, forfeiture and the tenant then forcing his way back into the commercial property (August 2023).

Advice on non-payment of rent, dilapidations and forfeiture in respect of a commercial property (July 2023).

V v N – drafted pleadings claiming possession on the basis of breach of covenant to pay rent and forfeiture (June 2023).

Advice on the relationship between demanding rent, waiver and forfeiture in respect of a commercial property (June 2023).

Advice in relation to whether new rights of way by express grant were needed in relation to two pieces of land for which planning permission was granted utilising new entry and egress points (May 2023).

M v N – successfully applied to substitute the name of the claimant and for possession on behalf of a mortgagee (January 2023).

G v D & Anor – successfully applied for possession, judgment for over £160,000, mesne profits and costs as claimed (January 2023).

T v A – successfully made submissions on behalf of the applicant, so that unless the respondent responded to the applicant’s Scott schedule within 21 days, the First-tier Tribunal would proceed to a determination without the participation of the respondent (January 2023).

H v C – successfully made submissions, so that although the defendant admitted the claim for rent arrears, the claims relating to utility arrears, replacement of a lock, carpet cleaning and damage to the ceiling and walls were dismissed, the counterclaim for harassment was allowed, the claimant was not awarded any costs and the defendant was awarded costs on the basis that the claimant behaved unreasonably (October 2022).

Advice in conference on filing a reply to the defence and prospects following an application for a new commercial tenancy (November 2021).

Claim form and particulars of claim for a new commercial tenancy (August 2021).

Advice in conference on behalf of the owner of commercial property, where possible causes of action against the manager of the property included breach of contract and unjust enrichment (August 2021).

Advice in a potential claim of more than £75,000, where the issues included assignment, voluntary and involuntary bailees and abandonment, and possible causes of action included conversion and / or trespass to goods, negligence as far as it results in damage to goods or loss to or of an interest in goods and unjust enrichment (July 2021).

Advised leaseholders renting out a property to tenants on: prospects of successfully defending a claim for service charges, internal and external building costs; whether the incoming leaseholder is responsible for the unrecovered service charge of the outgoing leaseholder; how to challenge the service charge on the basis of reasonableness; and whether the landlord has a contractual right to costs on the indemnity basis (September 2020).

A v M – represented a bank seeking possession and money judgment for more than £135,000, pursuant to alleged mortgage arrears (June 2018).

Advised commercial tenant on prospects of successfully applying for relief from forfeiture, the impact of new legal protections for business tenants in the Coronavirus Act 2020, and the form and substance of a ‘Reactivation Notice’ requesting a hearing (September 2020).

Advice following grant of an overriding lease on how to regain possession, claim rent in the sum of over £30,000 and costs paid to the landlord under the terms of an authorised guarantee agreement (November 2019).

A v K & Anor – successfully applied to set aside judgment in a commercial property case and invited the court to include the following recital in the order: ‘UPON noting that the application was necessary due to an administrative error of the court AND UPON noting that the defendants may write to the court, requesting the costs of the application’ (September 2019).

Advice in a commercial property dispute, following alleged breach of contract for services to become the operator of a petrol filling station (February 2019).

P v I – successfully applied for the defendant’s costs on the indemnity basis, after relief from forfeiture was granted to the claimant (January 2019).

G v M – successfully secured permission to apply for relief from forfeiture out of time, file an amended defence, bring a counterclaim out of time and specific disclosure to provide bank statements (January 2019).

Enfranchisement

S v S – successfully represented the freehold owner of 24 flats in an application for determination of the terms of acquisition remaining in dispute, namely: the combined freehold vacant possession value of all flats; the ground rent capitalisation rate; whether seven parking spaces were appurtenant property; the value of the appurtenant property; and the total sum payable for the freehold interest (November 2022).

 “Persons unknown”

O v G & Persons Unknown – successfully applied for possession, the first defendant (who was a named party) pay for costs as claimed of over £4,000 and transfer to the High Court for enforcement (January 2023).

S v Persons Unknown re C Road – successfully applied for a possession order against “persons unknown” (February 2022).

S v Persons Unknown re P Road – successfully applied for an interim possession order (October 2021).

S v Persons Unknown re Q Road – successfully applied for an interim possession order (October 2021).

Residential

Pleadings claiming forfeiture of a long lease following judgment that service charges were owed and service of a section 146 notice (August 2023).

Advice on prospects of injunctive relief, derogation from grant and the value of a potential claim in respect of a forecourt that was being used by a nearby hotel as a beer garden (August 2023).

M v S – successfully applied for an outright possession order within six weeks in a mortgage possession claim (August 2023).

F & Anor v G – successfully negotiated settlement in a mediation on the day of a fast track trial, in which judgment for about £35,000, about £3,500 interest and about £15,000 costs were claimed with a counterclaim pleaded up to £25,000 (August 2023).

J v M – successfully applied for possession, judgment for over £22,500, daily rent charges, costs, release of the deposit and transfer to the High Court for enforcement (July 2023). 

Advice on applications surrounding an appeal (July 2023).

Advice in conference on the pleadings, issues, expert report, existing offers, future offers and costs (July 2023). 

S v O – successfully applied for possession forthwith, judgment for £16,500, daily rent charges, contractual costs of about £1,500 and release of the deposit (July 2023).

A v T – successfully made submissions, so that the application to suspend the warrant and an oral application to set aside the possession order were dismissed and the defendant was ordered to pay the claimant’s costs (July 2023).

H v L – successfully applied for possession, judgment for about £8,000, daily rent charges, and contractual costs as claimed (July 2023).

E v E – drafted Part 35 questions to an expert in respect of alleged disrepair, including on issues relating to mice, blockages and a leak (June 2023).

G v K – successfully made submissions, so that the application to set aside a possession order was dismissed (June 2023).

G v G – successfully made submissions, so that a suspended possession order on terms was made (June 2023).

R v A – successfully applied for possession pursuant to a deed to surrender, judgment for about £3,000, interest, loss of use and occupation charges, costs of about £2,500 and a direction that the deposit may be released in part-payment of the above sums (May 2023).

X & Anor v A – successfully applied for possession, judgment for over £8,000 and costs as claimed (May 2023).

B v P – successfully made submissions, so that possession, judgment for £24,000, loss of use and occupation charges and costs were ordered (April 2023).

N v M – successfully applied for permission to amend the pleadings and a suspended possession order on terms with a money judgment and costs suspended on those terms (April 2023).

B v T – successfully made submissions, so that the third party’s application to be added to proceedings was dismissed and possession and costs were ordered (April 2023).

N v R & Anor – successfully agreed directions for trial ahead of the hearing, including that the second defendant pay loss of use and occupation charges from expiry of the notice to quit until possession was recovered (April 2023).

B v O – successfully made submissions, so that possession was ordered pursuant to a section 21 notice seeking possession, permission was granted to amend the claim so as to claim rent arrears and costs were awarded (April 2023).

B & Two Ors v G & Anor – successfully cross-examined and made submissions, so that damages were awarded following loss and damage caused by a cistern that froze, cracked and caused water to pour into a flat on a floor below, due to the defendants’ negligence in failing to turn off the water and / or heat an unoccupied property in winter (March 2023).

P v W – successfully made submissions, so that possession, judgment for about £5,700, interest, use and occupation charges, release of the deposit, and contractual costs was awarded (March 2023).

S v N – successfully made submissions, so that a suspended possession order was granted on terms of payment of current rent plus an additional amount and the defendant pay costs (March 2023).

G v D & Anor – successfully cross-examined and made submissions, so that after trial on the issue of whether at least one suitable alternative property was offered to a “would be successor”, possession, judgment for £3,000, use and occupation charges and over £8,500 costs (subject to LASPO) were awarded (March 2023).

S v C – successfully made submissions so that costs as claimed were awarded after the application to set aside a possession order was dismissed (March 2023).

W & Anor v D – successfully made submissions, so that possession on the basis of a section 21 notice seeking possession, judgment for about £15,000, loss of use and occupation charges and £3,000 costs was awarded (March 2023).

C v M – advised on prospects of a claim for breach of the covenant of quiet enjoyment and / or derogation from grant and likely cost of arbitration under an arbitration clause, when an adjacent hotel was using a forecourt as a beer garden, causing a nuisance and interfering with the use of the property (February 2023).

H v C – successfully made submissions pursuant to the accelerated procedure for possession and expiry of a section 21 notice seeking possession, so that possession and costs were awarded (February 2023).

S v C – successfully applied for possession, loss of use and occupation charges (February 2023).

F & Anor v G – successfully made submissions for the claimant, so that unless the defendant paid the issue fee within seven days he would be debarred from bringing his counterclaim and permission was granted to rely on a statement of case that was out of time (February 2023).

B v C – successfully made submissions, so that possession, judgment for over £8,000, loss of use and occupation charges and £3,500 costs (subject to LASPO) were awarded (January 2023).

A v K – defence denying disrepair, rising damp and mould (January 2023).

J & Anor v S & Anor – amended reply to the defence and defence to the counterclaim, denying illegal eviction, assault, battery, theft of jewellery and aggravated damages (January 2023).

P v W & Anor – successfully applied for possession, use and occupation charges of over £9,000 and costs as claimed (January 2023).

E v D – reply to the defence and defence to the counterclaim alleging disrepair, including broken and dangerous lights, no heating or hot water and mice (January 2023).

Advice on the merits of bringing a claim for £75,000 in respect of the balance owed, an oral agreement between cohabitees and thereby change in the common intention to hold a property in equal shares following purchase in joint names (December 2022).

B v C – successfully made submissions, so that possession, judgment for over £10,000, use and occupation charges and costs of about £1,000 were awarded (December 2022).

W v G – defence to a claim alleging disrepair to the hallway, kitchen, bathroom and bedroom (December 2022).

S v P – successfully made submissions, so that possession, judgment for about £11,000, use and occupation charges and costs as claimed of about £2,000 were awarded (December 2022).

M v G – defence in a claim alleging disrepair (to the entrance, living room, bedroom, bathroom, exterior and installations) and that the property was unfit for human habitation (December 2022).

N v J – successfully made submissions, so that possession against a serving prisoner, judgment for about £4,000, loss of use and occupation charges and costs as claimed were awarded (November 2022).

S v U – successfully made submissions, so that possession, judgment for over £7,500, loss of use and occupation charges, interest and costs as claimed were granted (November 2022).

J & Anor v B & Anor – drafted reply to the defence and defence to the counterclaim alleging illegal eviction, assault and battery, theft and claiming aggravated damages (November 2022).

K v T – successfully made submissions, so that an order for possession was made and directions were given in respect of the money claim and counterclaim (November 2022).

N v N – successfully made submissions, so that the defendant’s application to postpone eviction was dismissed and he was ordered to pay the claimant’s costs as claimed (November 2022).

J v T & Anor – successfully made submissions, so that possession forthwith, judgment for over £3,500 and costs of over £2,500 were awarded (November 2022).

G v C – successfully submitted that the claim be transferred to Part 7 and allocated to the fast track (October 2022).

N v B – successfully made submissions, so that a second defendant was added, directions were made and costs were reserved (October 2022).

J & Anor v A – successfully submitted that a second defendant should be added and there should be a recital in the order recording that the defendants agreed to pay the rent arrears and current rent (October 2022).

P v B – successfully applied for substitution of the claimant, the defendant to be debarred from defending the claim and listing in the undefended possession list on the earliest available date (September 2022).

G v P – successfully applied for possession, judgment for about £7,000, use and occupation charges, access to the deposit and costs as claimed (August 2022).

R v H – successfully applied for possession, use and occupation charges and costs as claimed (August 2022).

S v I – successfully negotiated settlement for the court to approve on terms including that an order for possession should be made and that the counterclaim for disrepair should be dismissed (August 2022).

L v K – successfully applied for possession, judgment for over £20,000, use and occupation charges and £1,500 costs (July 2022).

B v M & Anor – drafted the reply to the defence and defence to the counterclaim resisting allegations of damp, disrepair and damage (July 2022).

B v M & Anor – successfully made submissions, so that possession was granted and directions were made in respect of the money claim, counterclaim and costs thereof (June 2022).

P & Anor v O – successfully applied for possession, judgment for about £18,500, use and occupation charges, release of the deposit and costs as claimed (May 2022).

N v P & Anor – successfully applied for possession, judgment for about £5,300, use and occupation charges and costs as claimed (May 2022).

S & Anor v K & Three Ors – successfully made submissions, so that the claim was allowed with about £350 interest, the counterclaim was dismissed, and the defendants were ordered to pay about £10,000 to the claimants in costs (April 2022).

P v K & Anor – successfully made submissions, so that possession and costs were awarded under the accelerated procedure for possession (March 2022).

R v W – successfully made submissions, so that a conditional possession order, money judgment for about £6,100 and costs were awarded (March 2022).

R v G & Two Ors – successfully made submissions, so that possession, a money judgment, use and occupation charges and costs were awarded (2 March 2022).

R v O – successfully made submissions, so that an unless order was made, directing that unless a defence was received within about three weeks the defendant would be debarred from defending the claim, and costs in the case were granted (2 March 2022).

R v N – successfully made submissions, so that possession and costs of about £600 was awarded (2 March 2022).

T & Anor v M – successfully applied for possession, a money judgment for £10,000, use and occupation charges, costs and permission to use the tenancy deposit in part-payment (February 2022).

N v G – successfully applied for possession, a money judgment for about £3,300, loss of use and occupation charges and costs of over £1,000 (February 2022).

P v H – successfully applied for a warrant of restitution (in aid of a warrant of possession) and costs of the application (February 2022).

S & Anor v K & Three Ors – successfully applied for judgment on the counterclaim to be set aside, and permission to rely on the reply to the defence and defence to the counterclaim and an expert report (January 2022).

Advice in conference on an application to set aside default judgment in absence of a defence to the counterclaim, and an application to rely on expert evidence (January 2022).

C v K – successfully made submissions, so that possession, a money judgment for about £5,500, interest, use and occupation charges, over £1,500 in costs and permission to use the tenancy deposit in part-payment were awarded (January 2022).

C v C – successfully made submissions, so that possession, a money judgment for about £23,000, use and occupation charges, costs of £1,200 and permission to transfer to the High Court for enforcement were granted (January 2022).

M v V – successfully made submissions, so that an unless order was made directing that, unless a fully particularised defence was filed and served within 21 days, the defendant would be debarred from defending the claim for possession, and a money judgment and use and occupation charges would be awarded (January 2022).

P v S – successfully applied for possession forthwith, judgment for over £1,200, use and occupation charges and substantial costs on the basis that fixed costs did not apply (November 2021).

N v M – successfully made submissions, so that permission was given to file and serve amended statements of case (with the correct tenancy agreement attached) and there was no order as to costs (November 2021).

A v W – successfully applied for: possession; judgment for about £34,000; interest of over £650; use and occupation charges; use of the deposit of about £2,500 in part-payment; and costs as claimed of over £1,500 (November 2021).

W v T – successfully applied for possession and costs under the accelerated procedure for possession (November 2021).

F & Anor v H – successfully applied for an outright order for possession, arrears of over £30,000, about £500 interest and costs of about £2,000 (August 2021).

B v G & Two Ors – successfully applied for an outright order for possession forthwith, arrears of about £4,000 and costs reserved against the first defendant (July 2021).

B v F & Two Ors – successfully submitted that more than £10,750 should be awarded against the first defendant, about £13,000 against the second defendant, and that the latter pay the claimant’s costs (July 2021).

C v Q – successfully resisted an oral application for relief from sanctions, so that the defendant was debarred from defending the claim or bringing a counterclaim, submitted that the sum claimed with more than £620 interest should be awarded and that the claimant had a contractual right to costs, so that costs of more than £4,300 was awarded (June 2021).

C v A – successfully applied for an outright order for possession forthwith, arrears of over £12,000, £150 interest and costs of over £1,500.

M & Anor v L – successfully applied for an acquisition order, enabling the claimant leaseholders to acquire the freehold title, on grounds including that their landlord could not be found, plus full costs of about £6,000 (following a successful application for relief from sanctions after the claim was struck out) (July 2020).

C v M – successfully applied for possession on two discretionary grounds, a money judgment for about £6,000, daily occupation charges up to the date of possession, use of the tenancy deposit in part-payment and full costs of about £1,000 (March 2020).

K v K – successfully applied for possession, a money judgment for about £7,000, interest, daily occupation charges up to the date of possession, use of the tenancy deposit in part-payment, and permission to appeal on the issue of costs because it was submitted that there was a contractual right to costs (March 2020).

H v H – successfully applied for possession and costs of over £1,000 (January 2020).

H v S & Three Ors – successfully applied to dispense with service of a section 8 notice, secured an order for possession on the basis that there was a breach of the tenancy agreement (subletting via Airbnb, Expedia and booking.com) and costs of about £2,500 (December 2019).

S v A & Anor – successfully settled an appeal on the day of the appeal hearing, so that the defendants agreed to give the claimant possession forthwith (November 2019).

G & Anor v F & Anor – successfully applied for possession and both defendants to pay costs of about £5,000 (November 2019).

H & Anor v F – successfully applied for possession, a contractual rate of interest on outstanding rent arrears, and full costs (October 2019).

W v R – successfully applied to strike out the defence and counterclaim (alleging disability discrimination, sex discrimination, harassment, breach of the right to quiet enjoyment, injury to feelings, psychological damage, aggravated health, and seeking awards for aggravated damages, exemplary damages, and restitutionary damages).  The judge concluded: “For reasons which have been set out in Mr Bright’s skeleton argument, I have concluded that there is no merit in the defence and no merit in the counterclaim.”  The claimant was awarded possession and all of his costs in the sum of about £4,300 (September 2019).

O v T – successfully applied for possession on a discretionary ground (August 2019).

P v A & Anor – successfully applied for possession and costs of about £1,300 (August 2019).

Advice following a tenant complaining of water damage, allegedly caused by a damaged pipe on her neighbour’s property (August 2019).

U v E – successfully made an oral application on the day of trial for summary judgment in the sum of about £10,000. (January 2020).

H v O-B – successfully applied for relief from sanctions, and that the claim be reinstated, despite the finding that there was a serious and significant breach of a court order, for which there was no good reason, and that the application was not made promptly (November 2019).

S v F & Anor – successfully made an oral application for judgment against both defendants for around £40,000 and costs of about £11,000 in a directions hearing (September 2019).

E v M – successfully facilitated settlement for a five-figure sum, following a nine-and-a-half-hour mediation, after proceedings were issued, alleging personal injury and disrepair to property (April 2019).

T v I – successfully applied for an injunction following an allegation of nuisance (December 2018).

G v L – successfully resisted an application to suspend a warrant (November 2018).

M & Anor v L – successfully applied for relief from sanctions, and an acquisition order (December 2018).

Injunctive relief

N v D – successfully made submissions, so that an injunction for over three months and costs as claimed were awarded (August 2023). 

N v B – successfully made submissions, so that an injunction was granted for 12 months with a penal notice and costs as claimed (February 2023).

N v C – successfully made submissions, so that an injunction was granted for 18 months with a penal notice and costs as claimed (November 2022).

W v G – successfully made submissions, so that an injunction was granted and costs as claimed were awarded (October 2022).

N v G – successfully made submissions, so that an injunction was granted and costs as claimed were awarded (October 2022).

N v A – successfully made submissions, so that an injunction was granted and costs as claimed were awarded (October 2022).

N v S – successfully made submissions, so that an injunction was granted and about £1,500 costs was awarded (August 2022).

M v B – successfully made submissions, so that an injunction, penal notice and over £2,500 costs were awarded (February 2022).

N v K & Anor – successfully applied for an injunction and costs as claimed (February 2022).

N v A – successfully applied for an injunction with a penal notice and costs as claimed (November 2021).

N v J – successfully applied for an injunction with a penal notice and costs as claimed (November 2021).

N v R – successfully applied for an injunction to inspect, service and carry out remedial works on the landlord’s property, remaining in force for about a year with an attached penal notice and costs as claimed (October 2020).

L v K – successfully applied for an injunction to inspect, service and carry out remedial works on the landlord’s property, remaining in force for 18 months with an attached penal notice and costs of about £1,700 (April 2020).

Specialisms

Dominic is a registered Civil and Commercial Mediator with the Civil Mediation Council, and offers online and telephone mediation services at www.ResolvedOnline.com.  He also acts as Counsel in mediations. Dominic attended the ‘Civil Mediation Council Annual Conference 2021’.

 

What is mediation?

 

Mediation is a confidential process. Participants have control. Whether or not to mediate?  The procedure of the mediation? Whether or not there is a result?  If so, what are the terms of that result?

A mediator is neutral and has no interest in the result. A result cannot be imposed by a mediator. Participants can exchange offers, confident in the knowledge that this will have no bearing on how a judge would decide the dispute, if it was later referred to court.

Participants can safely attempt to settle without compromising their positions. If the participants agree on a result, reduce it to writing and sign it, it is binding like any other contract. If court proceedings have started, the participants may invite the court to make an order by agreement that reflects the result.

 

Recent instructions as Counsel

 

E v M – successfully facilitated settlement for a five-figure sum, following nine-and-a-half-hour mediation, after proceedings were issued, alleging personal injury and disrepair to property (April 2019). 

 

A v A – successfully facilitated settlement for a five-figure sum, after a ten-hour mediation on behalf of the claimant, who was alleging disrepair to property (April 2018).

 

European Code of Conduct for Mediators

 

The European Code of Conduct for Mediators (“the code of conduct”) sets out a number of principles to which Dominic has voluntarily decided to commit himself, under his own responsibility.  It is applicable in all kinds of mediation in civil and commercial matters.

 

For the purposes of the code of conduct, mediation means any structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a third person – hereinafter “the mediator”.

 

Adherence to the code of conduct is without prejudice to national legislation, or rules regulating individual professions.

 

1. COMPETENCE, APPOINTMENT AND FEES OF MEDIATORS AND PROMOTION OF THEIR SERVICES

1.1. Competence

Mediators must be competent and knowledgeable in the process of mediation.  Relevant factors include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.

1.2. Appointment

Mediators must confer with the parties regarding suitable dates on which the mediation may take place.  Mediators must verify that they have the appropriate background and competence to conduct mediation in a given case before accepting the appointment.  Upon request, they must disclose information concerning their background and experience to the parties.

1.3. Fees

Where not already provided, mediators must always supply the parties with complete information as to the mode of remuneration which they intend to apply.  They must not agree to act in a mediation before the principles of their remuneration have been accepted by all parties concerned.

1.4. Promotion of mediators’ services

Mediators may promote their practice provided that they do so in a professional, truthful and dignified way.

2. INDEPENDENCE AND IMPARTIALITY

2.1. Independence

If there are any circumstances that may, or may be seen to, affect a mediator’s independence or give rise to a conflict of interests, the mediator must disclose those circumstances to the parties before acting or continuing to act.

Such circumstances include:

any personal or business relationship with one or more of the parties;

any financial or other interest, direct or indirect, in the outcome of the mediation;

the mediator, or a member of his firm, having acted in any capacity other than mediator for one or more of the parties.

In such cases the mediator may only agree to act or continue to act if he is certain of being able to carry out the mediation in full independence in order to ensure complete impartiality and the parties explicitly consent.

The duty to disclose is a continuing obligation throughout the process of mediation.

2.2. Impartiality

Mediators must at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.

3. THE MEDIATION AGREEMENT, PROCESS AND SETTLEMENT

3.1. Procedure

The mediator must ensure that the parties to the mediation understand the characteristics of the mediation process and the role of the mediator and the parties in it.

The mediator must in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement including any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.

The mediation agreement may, upon request of the parties, be drawn up in writing.

The mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances of power and any wishes the parties may express, the rule of law and the need for a prompt settlement of the dispute. The parties may agree with the mediator on the manner in which the mediation is to be conducted, by reference to a set of rules or otherwise.

The mediator may hear the parties separately, if he deems it useful.

3.2. Fairness of the process

The mediator must ensure that all parties have adequate opportunities to be involved in the process.

The mediator must inform the parties, and may terminate the mediation, if:

a settlement is being reached that for the mediator appears unenforceable or illegal, having regard to the circumstances of the case and the competence of the mediator for making such an assessment, or

the mediator considers that continuing the mediation is unlikely to result in a settlement.

3.3. The end of the process

The mediator must take all appropriate measures to ensure that any agreement is reached by all parties through knowing and informed consent, and that all parties understand the terms of the agreement.

The parties may withdraw from the mediation at any time without giving any justification.

The mediator must, upon request of the parties and within the limits of his competence, inform the parties as to how they may formalise the agreement and the possibilities for making the agreement enforceable.

4. CONFIDENTIALITY

The mediator must keep confidential all information arising out of or in connection with the mediation, including the fact that the mediation is to take place or has taken place, unless compelled by law or grounds of public policy to disclose it.  Any information disclosed in confidence to mediators by one of the parties must not be disclosed to the other parties without permission, unless compelled by law.

 

Complaints procedure

 

All complaints will be acknowledged in writing within five working days of receipt.

All complaints will be investigated and responded to within 21 working days of receipt.

On occasions, further time may be required, in which case the complainant will be notified in writing.

If the response is not accepted, the complainant can appeal to the Civil Mediation Council on certain grounds.

Publications

‘Academia, The Judiciary & Practical Legal Scholarship’ (Association of District Judges Bulletin, January 2022)

 

‘A Practical Guide to the Small Claims Track’ (Second Edition, Law Brief Publishing, December 2021) available at http://www.lawbriefpublishing.com/product/smallclaimstrack/

 

'COVID-19, International Commercial Contracts & “Breathing Space”: Further Encouraging ADR; Developing Common Law Doctrines; & An Implied Term of Good Faith' (Jus Cogens, August 2020) available at https://www.lambchambers.co.uk/jus-cogens/covid-19-international-commercial-contracts-developing-common-law-doctrines-an-implied-term-of-good-faith/

 

'UK Autonomous Sanctions System: Substantial Increase in the Costs of Compliance?' (Jus Cogens, March 2020) available at https://www.lambchambers.co.uk/jus-cogens/uk-autonomous-sanctions-system-substantial-increase-in-the-costs-of-compliance/

 

'Staying on Track: Ten Key Points that Personal Injury Lawyers Should Know About the Small Claims Track' (Personal Injury Focus, March 2020) available at https://www.apil.org.uk/subscribe-to-pi-focus 

 

'Climate Change & the Judiciary: Europe; the United States; & the Indian Subcontinent' (Jus Cogens, February 2020) available at https://www.lambchambers.co.uk/jus-cogens/climate-change-the-united-states-the-indian-subcontinent/

 

'The CICC and the Rule of Law: Fair, Transparent and Convenient? What You Need to Know About China’s New International Commercial Court' (Counsel Magazine, September 2019) available at https://www.counselmagazine.co.uk/articles/the-cicc-and-the-rule-of-law

 

'Technology and Construction Court: Global Hub of Legal Expertise?' (Lamb Chambers, June 2019) available at https://www.lambchambers.co.uk/news-and-resources/technology-and-construction-court-global-hub-of-legal-expertise.htm

 

‘Section 21 Sent Packing’ (New Law Journal, Issue 7838, May 2019) available at https://www.newlawjournal.co.uk/content/section-21-sent-packing

 

'Drones, Airprox, and the Regulatory Environment: Cause for Concern?' (Lamb Chambers, January 2019) available at https://www.lambchambers.co.uk/news-and-resources/commercial-drones-airprox-and-the-regulatory-environment-cause-for-concern.htm

 

'Brexit, the Draft Withdrawal Agreement, and the Construction Industry: Three Areas for Concern' (Lamb Chambers, December 2018) available at https://www.lambchambers.co.uk/news-and-resources/brexit-the-draft-withdrawal-agreement-and-the-construction-industry-three-areas-for-concern.htm