John Starr investigates the use of mediation in construction disputes and debates its effect on individual access to justice ‘Access to justice can mean not only the objective notion of justice for all, unfettered by troublesome low-value cases, but also the subjective notion of public vindication of one’s position.’ Mediation has evolved, over the decades …
Continue reading "Construction Focus: Time for an exception?"
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The courts have once again punished a wholly successful party in costs for their unreasonable refusal to mediate – a trend that is only likely to grow, writes Ben Handy ‘The judge found that there were reasonable prospects that mediation would have succeeded, at least in part. The defendant was not justified in coming to …
Continue reading "Costs Sanctions: Every loser wins"
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John Starr considers a case where no costs sanctions were imposed despite an unreasonable refusal to mediate ‘In this case, the judge came to the conclusion that the fair and just outcome should be that neither party’s conduct should be taken into account to modify what would otherwise be the general rule on costs.’ In …
Continue reading "Construction Focus: An unreasonable refusal"
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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 …
Continue reading "Mediation: A costly refusal"
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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 …
Continue reading "Mediation: Ignore at your peril"
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Wills & Trusts Law Reports | November 2012 #124The deceased, Owen Davies (D), was born in England but died in France. He was living in Belgium at the time but owned a house in England and had made a will in England some 12 years before his death under which the fifth defendant, his uncle Clive Davies (Clive), was interested in residue. He was not on good terms with his mother and siblings represented by the first to third defendants (the family defendants (FD)) when he made his will and they contested probate proceedings claiming that D had died domiciled in Belgium and that the will was null and void under Belgium law, pleaded that ...
Edward Rowntree gives an update on Morris v Davies A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed or in the territory where, at the time of its execution or of the testator’s death, he was domiciled. or had …
Continue reading "Costs: The final say on domicile and costs"
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John Starr analyses the Court of Appeal’s approach to mediation and a new Court-run scheme ‘CAMS has been running for a number of years and has consisted of the court writing to the parties to tell them about mediation and the Mediation Scheme run by the Court of Appeal.’ For some years now, the Court …
Continue reading "Construction Focus: Mediation retains its appeal"
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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 …
Continue reading "ADR: A health warning"
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When is it unreasonable to reject mediation, and what are the consequences of doing so? John Starr investigates ‘A successful party may be faced with the possibility of being refused an order for payment of their costs by the unsuccessful party for having unreasonably failed to mediate.’The recent case of Rolf v De Guerin [2011] …
Continue reading "Construction Focus: Lost opportunities"
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