Originally published in TEDR Volume 11 Issue 1 (publication date not recorded).
[2005] Reported in Lawtel (a decision of Lewison J in the High Court, Chancery Division) TEDR Volume 11 Issue 1
The Claimants had issued proceedings for the return of documents and for injunctions restraining their use or dissemination. The action was stayed for mediation to be attempted. After certain threats had allegedly been made in the mediation and allegedly the confidentiality of the
mediation had been breached by the party alleged to be the target of those threats disclosing to a third party that they had been made, separate litigation was commenced.
Were alleged threats made in the course of a mediation properly to be taken into account when the court considered making a costs order?
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