Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Disclosable statements despite being made in mediation.

By Bill Madden on April 17, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

Not a medical or other injury compensation claim, but of interest because of the importance of mediations in those matters is an English Court of Appeal decision Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWCA Civ 551 (on BAILII).

Described in much more detail on the Civil Litigation Brief blog, the Court of Appeal upheld an order directing that certain statements made without prejudice in a mediation were disclosable and could be referred to in a subsequent defence.

As noted at [51], the second exception identified in Unilever plc v The Proctor & Gamble Co [2000] 1 WLR 2436 was:

….directed to the … question as to whether the contract as made is binding on the parties. It will not be binding if it was made without authority (as the claimants allege in this case) or if it is liable to be set aside on well-established legal grounds.

See in particular the comments at [27] – [28].

  • Posted in:
    Business and Commercial
  • Blog:
    Bill Madden's Blog
  • Organization:
    Bill Madden
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo