Precedent - Halsey Letter Proposing Mediation
| Author | Stephen Walker/David Smith |
| Pages | 227-228 |
Page 227
Appendix 7
Precedent –
We note that you have thus far declined to participate in mediation. We remind you of the particular importance the courts attach to parties attempting to resolve their disputes outside court, and the decision of the Court of Appeal in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576.
In Halsey, the court set out a range of circumstances in which it might be acceptable for a party to refuse mediation. We do not believe any of the circumstances are applicable in this case. We turn to each of these circumstances below and give our reasons why this matter does not fall within them:
1. Nature of the dispute: there is nothing unusual or special about this dispute. It is a standard dispute about a breach of contract in which the interpretation of the...
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