Do not ignore a reasonable request to talk things over

Mediation is back in the spotlight and, as the recent PGF II case shows, failing to engage could lead to costs sanctions, warns Jason Hunter

06 Nov 2013

Mediation is back in the spotlight and, as the recent PGF II case shows, failing to engage could lead to costs sanctions, warns Jason Hunter

ADR is a core principle of litigation practice. Jackson has re-emphasised that.

On 23 October 2013, the Court of Appeal delivered judgment in PGF II SA v OMFS Company 1 Limited [2013] EWCA Civ 1288 that will refocus attention on mediation. The court considered what the consequences might be if a party to litigation simply failed to respond to a request to mediate.

Exceptions under Halsey

The most notable case about mediation and costs sanctions was Halsey v Milton Keynes General NHS Trust in 2004.

Usu...

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