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Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles
The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …
UK High Court claim struck out as full redress was available under an ADR scheme
The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation
In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on …
English High Court defends successful party's refusal to mediate and declines to impose costs sanctions
In ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Court …
Court of Appeal mediation pilot endorsed in Ghaith v Indesit
The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] …
Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a …
Refusal to mediate and effect on Part 36 costs
In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry …
Court of Appeal criticises failure of disputing neighbours to mediate
Faidi v Elliott Corp [2012] EWCA Civ 287 concerned noise between neighbouring flats in London. The Court of Appeal found that such disputes are much …
Court of Appeal imposes costs sanctions for unreasonable refusal to mediate
In Rolf v De Guerin [2011] EWCA Civ 78, the UK Court of Appeal considered an appeal from a successful claimant about liability for the costs of a small …
Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs
The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui [2010] HKEC176, where the …
Party ordered to pay costs thrown away by late withdrawal from mediation
In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late …
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