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Precedent - Response to Halsey Mediation Letter Based on Time

Document Cited authorities 1 Cited in Related
AuthorStephen Walker/David Smith
Pages231-231
Appendix 9


Precedent – Response to

Halsey Mediation Letter Based on Time

This precedent is based on a reply to a fictional letter quoting Halsey to illustrate how a response might be made where a mediation is being rejected as being too soon.

Thank you for your offer of mediation made in your letter of XXX. This offer is declined.

We note that you have made reference to the case of Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 in your letter. We do not accept that the criteria in Halsey apply to this situation.

Specifically, we believe that it is currently too early to engage in mediation. This is because the case is complex and at this stage the parties have not sufficiently set out their cases in order for a proper assessment of the relative strength of the...

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