Mediation Caselaw

Judge proposes mediation for serious medical treatment cases

February 27, 2019 By Phil Hesketh Mediation Caselaw

Our panel mediator and specialist clinical negligence solicitor Andrew Hannamdiscusses the European Court of Human Rights Decision re: Charlie Gard This article was first published by LexisNexis What issues did this case raise? The domestic Courts and...

NHS pays indemnity costs again for failing to mediate costs dispute

February 27, 2019 By Phil Hesketh Mediation Caselaw

The NHS has again been penalised for failing to mediate costs litigation. I wrote last month about the case of Reid v Buckinghamshire Healthcare NHS Trust where indemnity costs were ordered from the date of the offer to mediate. In Bristow v The...

SCCO penalises NHS for not mediating costs dispute

February 27, 2019 By Phil Hesketh Mediation Caselaw

Master O’Hare in the Senior Courts Costs Office has confirmed that the rules on penalties for unreasonable refusals to mediate apply to costs litigation, not just the substantive personal injury or clinical negligence claim. In Reid v Buckinghamshire Healthcare...

Police lose 33% of costs for failing to mediate

February 27, 2019 By Phil Hesketh Mediation Caselaw

The High Court has penalised the Metropolitan Police by reducing their costs by a third in a case where they won on every substantive issue because of its “failure fully and adequately to engage in the ADR process”. Turner J made the ruling in Laporte &...

Indemnity Costs Penalty for Refusal to Mediate

February 27, 2019 By Phil Hesketh Mediation Caselaw

The High Court has added to the line of cases where a party has been penalised in costs for unreasonably refusing an offer to mediate. In the case of Garritt-Critchley v Andrew Ronnan and Solarpower PV Ltd there were repeated offers to mediate and repeated...

Should every letter of claim include an offer to mediate?

February 27, 2019 By Phil Hesketh Mediation Caselaw

At the Claims Magazine Conference on 25th March 2014 Professor Dominic Regan reviewed PGF II SA v OMFS 1 Ltd, a case I have previously written about on this blog. He said as a result of the case “every claimant without exception should include an offer to...