|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 09 (Oct)|
Sir Andrew Morritt VC
|Representation||John Randall QC and Lance Ashworth (instructed by Wragge & Co) for the claimant.|
|David Richards QC and Philip Marshall (instructed by Dibb Lupton Aslop) for the defendants.|
|Judgment Dates:||1 October 2002|
Contract - Condition - Enforceability - Parties agreeing to Tomlin order after mediation - Court of Appeal refusing to make order - Defendant company subsequently refusing to comply with order - Claimant applying for declaration that company bound by terms of mediation - Whether agreement conditional on making of order - Whether agreement unenforceable for illegality.