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ARTICLE · 04 FEBRUARY 2014

Mediation Update: Remain Silent At Your Peril

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The past two issues of Insight concentrated on the changes to litigation practice following the implementation of the Jackson reforms in April 2013.

United KingdomReal Estate and Construction
Lisa Kingston
Lisa Kingston
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The past two issues of Insight, (November 2013, December 2013) concentrated on the changes to litigation practice following the implementation of the Jackson reforms in April 2013

This month's issue of Insight is also Jackson reforms related, but the focus switches to mediation practice following the recent decision of the Court of Appeal in PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288. The expansion of the previous law in relation to mediation is considered, and practical tips are provided on how to proceed when faced with an invitation to mediate.

Background to PGF: Halsey

The settled law prior to PGF was contained in the Court of Appeal's decision in Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, in which the Court of Appeal considered the extent to which it was appropriate for a Court to use its powers to encourage parties to civil litigation to resolve their disputes on a consensual basis through the use of Alternative

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