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ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
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 …
Lord Justice Jackson emphasises role of ADR in resolving disputes
Lord Justice Jackson has recently strongly endorsed the central role ADR has to play in our civil litigation landscape. A recommendation in his January …
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 …
High Court endorses mediation in trade mark infringement case
The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by …
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 …
Validity of provision requiring one party to bear the costs of adjudication
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a …
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 …
Showing 23 out of 23 results
