Tag Archives: refusal to mediate

Hong Kong court imposes costs sanctions for unreasonable refusal to mediate

A recent Hong Kong judgment has added to the growing body of case law illustrating courts’ intolerance of litigants who refuse to engage with ADR.   The decision will be of interest to litigants not just in Hong Kong but in other … Continue reading

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Filed under Asia, Mediation (General), Refusal to mediate

UK: Further guidance on when refusal to mediate may attract costs sanctions

A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it otherwise would have been awarded because it was found to have unreasonably refused to engage in ADR (applying the guiding principles … Continue reading

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

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 principles governing the question of when a litigant's failure to engage in ADR will justify a court … Continue reading

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

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

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

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