- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
35.4.—(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 22.8 or 23.4;
(c)an order under rule 24.7 (evidence by deposition);
(d)an order under rule 24.9 (enforcing attendance of witness);
(e)an order under rule 24.10(4) (deponent’s evidence to be given orally); or
(f)an order under rule 24.12 (order for the issue of a letter of request).
(2) When applying for a witness summons, permission under rule 22.8 or 23.4 or order under rule24.7, 24.9, 24.10(4) or24.12, 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 of the content of an agreement resulting from mediation is necessary to implement or enforce that agreement.
(3) When considering a request for a witness summons, permission under rule 22.8 or 23.4 or order under rule 24.7, 24.9, 24.10(4) or 24.12, the court may invite any person, whether or not a party, to make representations.
(4) Where this rule applies, Parts 21 to 24 apply to the extent they are consistent with this rule.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: