Matthews v Metal Improvements Co Inc [2007] EWCA Civ 215

Mediation: An invitation to be ignored at your peril

Deirdre Goodwin looks at the costs consequences of a refusal to mitigate six years after Halsey ‘PGF shows that the courts are unprepared to tolerate parties unreasonably failing to consider ADR, and there will be cost consequences for not responding to an offer to mediate.’ The case of PGF II SA v OMFS Company 1 …

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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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