Jul 7, 2023
A recent case has got me thinking, can a party make a part 36 offer and refuse to mediate? Normally refusal to mediate would be unreasonable conduct but what if a party refuses to mediate but beats a part 36 offer? Can the other party argue the normal part 36 rules...
Jul 5, 2023
We reported a case recently where the judge refused to apply part 36 consequences where a Claimant had made a part 36 offer close to the whole of the claim amount. In two other recent decisions the Court has affirmed this approach. In Yieldpoint...
Jul 4, 2023
Another claim regarding an estate has resulted in what have been described as “ruinous” legal costs. We always recommend mediation in such cases, even if they reach the Court of Appeal, as this case did. Morton & Anor v Morton [2023] EWCA Civ 700 (20 June...
Jul 4, 2023
In a recent case Master Macleod ordered ADR for the parties to resolve issues over a costs budget and it was successful. In the case of Hadley v Przybylo (Costs, Costs budgeting, Costs lawyers, personal injury, case manager, recoverability) [2023] EWHC 1392 (KB) (22...
Jul 3, 2023
At ProMediate, we have mediators for civil and commercial litigation disputes and also for workplace disputes. The majority of people have probably experienced conflict at some stage in their working lives, but what can you do when conflict arises? There are many...
