header-logo header-logo

To mediate or not to mediate?

Catriona Stewart discusses the possible cost consequences of delayed or abandoned mediation attempts

Can a party avoid a costs sanction if they choose not to mediate? The recent case of Car Giant Limited and Anor v London Borough of Hammersmith [2017] EWHC 464 (TCC), [2017] All ER (D) 104 (Mar) would indicate possibly, but only if based on well-thought grounds which are communicated to the other party.

Costs judgment

Car Giant concerned a costs judgment where the claimants had failed to beat a Pt 36 offer. The court was asked to award costs both before and after the expiry of the relevant period on an indemnity basis. The argument in support of the later period was that there had been an unreasonable delay in agreeing to mediate. The delay was from 15 May 2015 until October 2016. The court considered that it should be slow to criticise a party’s behaviour where decisions such as when to mediate are matters

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll