Lumb v Hampsey [2011] EWHC 2808 (QB) – Law Journals

Mediation: A costly refusal

Bryan Johnston assesses the price of failing to mediate following the Court of Appeal ruling in PGF ‘PGF confirms that ADR is firmly at the heart of the civil procedure regime. A request to engage in ADR cannot be ignored or unreasonably refused without the strong possibility of a costs sanction.’With Voltaire-esque flair, the Court …

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Mediation: Ignore at your peril

Kate Andrews discusses the importance of mediation, and the costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate, in light of a recent Court of Appeal judgment ‘Prior to the recent Court of Appeal decision in PGF v OMFS, case law seemed to suggest that a positive suggestion …

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Costs: Reversing the normal rule in CPR 36

Paul Jones looks at the latest case concerning Part 36 offers The defendant’s case was that there was no reason to depart from the normal rule and, in particular, to apply the normal rule would not be unjust in all the circumstances. Of all the provision of the Civil Procedure Rules, CPR 36 has generated …

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CPR Part 36: Pitch perfect

Michael Morton outlines recent case law considering the use and practice of CPR Part 36 ‘To eliminate chance and create certainty, litigators will look to the precise effects of CPR 36 to ensure successful recovery of costs.’ An assessment of recent case law from a small road traffic accident claim to a substantial multi-party building …

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ADR: A health warning

Kate Andrews discusses a case that highlights the costs consequences of a refusal to consider ADR Furst QC confirmed in PGF that the burden rested on the claimant to demonstrate why there should be a departure from the general rule that the claimant should be liable for the defendant’s costs. The recent case of PGF …

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