PGF II SA v OMFS Company [2012] EWHC 83 (TCC); [2013] EWCA Civ 1288 – Page 2 – Law Journals

ADR: Blessed are the peacemakers

Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …

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Mediation: The (not so) cold shoulder

Beverley Vara and John Dagnall report on a recent case emphasising the importance of mediation ‘A failure to provide reasons for a refusal was unhelpful to the real objective of encouraging the parties to consider and discuss ADR. The court pointed out that discussions between legal advisors and experts at various stages in the litigation …

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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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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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Interview: Talking point

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Philip Hesketh is interviewed by the editor of Personal Injury Law Journal, Jessica Ross, and provides a practical insight to successful mediation and funding issues that arise Given a greater involvement in case management from the courts it is unlikely that a case will reach trial without mediation having been considered in court at an …

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Case Round Up

Paul Tonkin provides an overview of recent case law Break notice invalid where interest on late rent outstanding Avocet Industrial Estates LLP v Merol Ltd [2011] Merol was Avocet’s tenant of commercial premises under a lease that included a break option. The break option provided that the break notice would be of no effect if …

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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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