Tag Archives: costs sanctions

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 had already been offered full redress under a formal ADR scheme established in relation to … Continue reading

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Filed under Consumers, Costs, Financial Services, Refusal to mediate, UK

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson’s costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  This has prompted the question whether Precedent H creates a presumption that the costs of a failed or aborted mediation … Continue reading

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Filed under Costs, Mediation (General), UK

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 Justice Ward in the Court of Appeal has suggested that it may be time to … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate, UK

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 the factors to be taken into account when assessing a successful party’s refusal to mediate and general approach to settlement: … Continue reading

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Filed under ADR, Costs, Mediation (General), Refusal to mediate

Australian Federal Court rules on compliance with “genuine steps” requirement

The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute under the Civil Dispute Resolution Act 2011 (Cth) (the Act): Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] … Continue reading

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Filed under ADR, Australia, Costs, Intellectual Property, Mediation (General)

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson’s proposals, … Continue reading

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Filed under ADR, Confidentiality and privilege, Costs, Government proposals and consultations, Herbert Smith Freehills news, Mediation (General), Mediation Pilot Schemes, UK

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 held that a successful party was not unreasonable to refuse mediation and should not be penalised in costs … Continue reading

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Filed under ADR, Mediation (General), Refusal to mediate, UK

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] EWCA Civ 642. Under the pilot, unless a judge exceptionally directs otherwise, every personal injury, clinical negligence and contractual … Continue reading

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Filed under Mediation Pilot Schemes, Refusal to mediate, UK

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 successful party was not unreasonable to refuse mediation and should not be penalised … Continue reading

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Filed under Costs, Refusal to mediate, UK

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 of the relevant (21 day) period for acceptance of a Part 36 offer, due to … Continue reading

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Filed under Costs, Refusal to mediate, UK