Laporte v The Commissioner of Police of the Metropolis [2014] EWHC 3574 (QB); [2015] EWHC 371 (QB)

Part 36: Humble offerings

David Sawtell analyses recent caselaw on Part 36 ‘There is a tension between the natural inclination to make a proportionate costs order where a party has lost on discrete issues and the prescriptive nature of Part 36.’Practitioners frequently debate tactics and strategy when negotiating the litigation and settlement of claims. One of the most important …

Continue reading "Part 36: Humble offerings"

This post is only available to members.

Costs Sanctions: Every loser wins

The courts have once again punished a wholly successful party in costs for their unreasonable refusal to mediate – a trend that is only likely to grow, writes Ben Handy ‘The judge found that there were reasonable prospects that mediation would have succeeded, at least in part. The defendant was not justified in coming to …

Continue reading "Costs Sanctions: Every loser wins"

This post is only available to members.

ADR: Mediate and be damned

Neil Jamieson examines the increasing significance of mediation ‘While mediation remains a voluntary process which no party can be compelled to engage in, there is now is an undeniable onus on parties to attempt alternative dispute resolution if they wish to avoid costs sanctions.’Would-be litigants certainly cannot be criticised for approaching the prospect of bringing …

Continue reading "ADR: Mediate and be damned"

This post is only available to members.