header-logo header-logo

18 June 2020 / Masood Ahmed
Issue: 7891 / Categories: Features , ADR , Costs
printer mail-detail

Under scrutiny: parties’ litigation behaviour

22928
Masood Ahmed reflects on the significance of alternative dispute resolution & the dangers of unreasonable behaviour
  • Alternative dispute resolution: a significant aspect of the civil procedure architecture.
  • Unreasonable behaviour and indemnity costs: penalties for refusing to engage.

Since Woolf, successive civil justice reforms have emphasised the significance of alternative dispute resolution (ADR), which has increasingly become a significant aspect of the civil procedure architecture. Indeed, the importance of ADR was recently reinforced by the decision reinforced by the decision in Lomax v Lomax [2019] EWCA Civ 1467, [2019] All ER (D) 87 (Aug) in which the Court of Appeal held that the courts could, as part of their case management powers under CPR 3.1(2)(m), order the parties to engage with judicial early neutral evaluation. It is also well established that the courts will not hesitate in penalising a party in costs (eg by ordering that costs be paid on the indemnity basis) for failing to engage with an appropriate ADR procedure.

The recent case of BXB v Watch

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

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Sanctions can derail commercial disputes long before judgment, making early planning essential
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
back-to-top-scroll