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] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension of the Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (CA) criteria … Read more

Think carefully before refusing to mediate

The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch).  Read more