Tag: halsey
Showing 20 out of 20 results
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 …
ECJ issues its opinion in support of Italian mandatory mediation rules
The implementation of new domestic Italian legislation requires parties to engage in mediation as a pre-condition to accessing the Italian courts in many …
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 …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Refusal to mediate is not unreasonable
In a recent High Court case (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing …
Admissibility of without prejudice negotiations when ADR is refused
In Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs …
Court of Appeal gives guidance on when it is reasonable to refuse ADR
In a judgment handed down this week, the Court of Appeal has given some welcome guidance for litigants on when it may be reasonable to refuse Alternative …