Admissibility of without prejudice negotiations when ADR is refused

In the recent case of 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 consequences that result from a party’s refusal to mediate since the landmark ruling in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ … Read more

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 Dispute Resolution (ADR). The Court of Appeal also held that it is inappropriate for the courts to compel unwilling parties (including public authorities) to submit a dispute to … Read more