Category Mediation & ADR

ANOTHER CASE OF INDEMNITY COSTS BECAUSE OF A REFUSAL TO MEDIATE

The decision on Master Simons in Bristow  -v- The Princess Alexander Hospital NHS Trust [2015] EWHC B22 (Costs) contains examples of two mistakes that can be made on assessment of costs. The most telling is the defendant’s failure to respond properly to offers to mediate. KEY POINTS The inclusion of items in a bill of […]

ANOTHER CASE WHERE THERE WAS AN INVALID PART 36 OFFER; NO RESPONSE TO OFFERS TO MEDIATE AND NEITHER PARTY RECOVERED COSTS

There is a brief report on Lawtel of the Court of Appeal decision in NJ Rickard Ltd -v- Holloway (CA 03/11/2015)*. It is an example of: (i)the importance of making a valid Part 36 offer; (ii)an example of the consequences of taking many bad points; (iii) The profound danger of ignoring a request to mediate. […]

LITIGATION RISKS AND MITIGATION OF LOSS: “MEDIATION IS A JUDGMENT CALL”: WHEN IS A REFUSAL TO MEDIATE REASONABLE?

The issue of whether a failure to mediate represented a failure to mitigate loss was considered by Judge Pelling QC (sitting as a High Court judge) in Orientfield Holdings Ltd -v- Bird & Bird [2015] EWHC 1963 (Ch). “Having embarked on litigation to mitigate the losses for which the defendants would otherwise be liable, it […]

WHOLLY SUCCESSFUL DEFENDANT RECOVERS ONLY TWO-THIRDS OF COSTS BECAUSE OF FAILURE TO ENGAGE IN ADR

In Christian -v- The Commission of Police for the Metropolis [2015] EWHC 371 (QB) Mr Justice Turner considered the costs applications of a failure to a defendant to engage in mediation. THE CASE The claimant was unsuccessful in an action against the police. The case was looked at in an earlier blog.  At a later […]

SOME THINGS MAY BE BETTER MEDIATED THAN LITIGATED: NEIGHBOUR DISPUTES FOR INSTANCE

There are some very important observations in the judgment  of Norris J in the case of Bradley -v- Heslin [2014] EWHC 3276 (Ch) today.  This was given in a  neighbour dispute over access and gates which could have been remedied by the installation of electronically controlled gates costing around £5,000.    Here are extracts from […]

A 20 DAY TRIAL WHEN THE CASE WAS ALL ABOUT ONE WITNESS: WOULD THIS CASE BE ANY DIFFERENT TODAY?

Back in 2003 Chris Evans, the radio presenter, was involved in a lengthy contractual dispute with a number of defendants.  There were 9 parties to the action and the trial went on for twenty days. The judge’s observations at the end of the judgment remain telling.  The question is – would this be case managed […]

MEDIATE OR ELSE? THE COSTS CONSEQUENCES OF REFUSING TO MEDIATE

 A recent post looked at the Court of Appeal mediation scheme and examined the potential penalties for a party refusing to mediate.  In PGF II SA –v- OMES Company I Limited [2013] EWCA CIV 1288 the Court of Appeal looked at the potential costs penalties when a party refuses to mediate.  THE FACTS PGF was […]