Silence Glistens No More

David Watkinson considers the cost implications of not engaging with an invitation to mediate as decided by Mr Justice Griffiths in DSN v Blackpool Football Club [2020] EWCA 670 (QB) Introduction A number of blogs on this site have dealt with the costs consequences of failing to engage with mediation. The law has developed incrementally putting […]

The Court of Appeal speaks again: Gore v Naheed

By David Watkinson, Garden Court Mediation. In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal].

When to mediate? It’s a judgment call

So says HHJ Pelling QC in Orientfield Holdings Ltd v Bird & Bird LLP  [2015] EWHC 1963 (Ch). When and on what basis an approach is made by one party to another to mediate is a judgment call. In this particular case there was an issue whether the failure to mediate may constitute a breach of the […]