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 […]
Refuse to mediate? “How very dare you”.
“How dare you suggest mediation?? Why should I? Don’t you know the other side is blatantly in the wrong?” This is what parties in dispute sometimes say. The hike in court fees hasn’t necessarily made mediation more appealing. The Court is however continuing to communicate its disapproval of a party’s conduct where it ignores or refuses a request to mediate. Master Simons made […]
Refuse mediation? Be prepared to pay
Liz Davies illustrates how refusing to mediate is frowned upon by judges and can lead to an indemnity costs order. Yet again, party punished for refusing mediation. In Garritt-Critchley & others v Ronnan, Solarpower PV Ltd [2014] EWHC 1774 (Ch), HHJ Waksman QC ordered indemnity costs against the Defendants because of the Defendant’s refusal to […]
