Case Law
< back to case law < back to case lawDyson & Field exors of Lawrence Twohey dec'd -v- Leeds City Council (C of A 22 Nov 1999)
This case is interesting for two reasons: because Chris Makin's then firm were the defendant's quantum experts (quantum was agreed early), and because it is a very early example of the Court of Appeal taking the opportunity to preach the advantages of mediation. It started as a personal injury case of asbestosis. During the proceedings Mr Twohey died, and it became a loss of dependency case. The judge at first instance found for the defence, saying that he preferred the defence medical expert's opinion, but did not give reasons. It was not possible to ask the judge, because he too had died. The widow appealed.
Whilst saying that the case ought to be heard again at first instance, Ward LJ said this:
"Damages are substantially agreed... This is pre-eminently the category of case in which, consistent with the overriding objective of the CPR and the court's duty to manage cases as set out in rule 1.4(2)(e), we should encourage the parties to use ADR...
"I would also add the reminder that the court has powers to take a strong view about the rejection of the encouraging noises we are making, if necessary by imposing eventual orders for indemnity costs or indeed ordering that a higher rate of interest be paid on any damages..."
Counsel for the defence asked Chris Makin whether mediation should be attempted, with the result that this very clear warning was heeded. A mediation was arranged, and a settlement was achieved.