The Vice Chancellor has overturned the Court of Appeal's refusal to grant a Tomlin Order at the close of a mediation. The decision is a relief to mediators, says Tony Allen, in a case that demonstrates the power of mediation to cut through complex disputes
The Court of Appeal recently attracted surprised comment at having refused to approve a Tomlin Order agreed at the conclusion of a mediation (A Mediation Setback, by Justin Michaelson, Legal Week, 19 September). But in a new and ingenious procedural move, the effect of that decision was reversed by the Vice Chancellor in Thakrar v Ciro Citterio Menswear plc on 1 October, 2002.
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