F1PART 78F2EUROPEAN ... PROCEDURES
Words in Pt. 78 heading omitted (6.4.2011) by virtue of The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 12(a) (with rule 13)
F3SECTION IIIMEDIATION DIRECTIVE
Mediation evidence: witnesses and depositions78.27
1
This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–
a
a witness summons;
b
cross-examination with permission of the court under rule 32.7 or 33.4;
c
an order under rule 34.8 (evidence by deposition);
d
an order under rule 34.10 (enforcing attendance of witness);
e
an order under rule 34.11(4) (deponent’s evidence to be given orally); or
f
an order under rule 34.13(1A) (order for the issue of a letter of request).
2
When applying for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the party must provide the court with evidence that–
a
all parties to the mediation agree to the obtaining of the mediation evidence;
b
obtaining the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or
c
the disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.
3
When considering a request for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the court may invite any person, whether or not a party, to make representations.
4
This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.
5
Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.
Pt. 78 inserted (12.12.2008 for specified purposes, 1.1.2009 in so far as not already in force) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(3), Sch. 2