Apr 19, 2025
Court Decisions on Housing Disrepair Claims & Landlords’ Internal Complaints Procedures Key Themes Allocation of Housing Disrepair Claims: Whether cases should be heard in the small claims track (limited costs) or fast track (recoverable costs). Use of Internal...
Apr 16, 2025
Court Slams Unreasonable Refusal to Mediate and Awards Penalties for Ignoring Part 36 Offer Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 838 (Comm) IntroductionIn a strongly worded judgment, the High Court has reinforced the importance of...
Apr 14, 2025
Here’s a structured flowchart illustrating when courts are likely to impose costs sanctions in civil cases for refusing to mediate, based on PQR Ltd v XYZ Corp and the broader legal framework: Flowchart: When Will Courts Impose Costs Sanctions for Refusing...
Apr 14, 2025
The Compulsory Shift to Mediation in Financial Remedy Cases: Lessons from DF v YB (No. 2: Costs) [2025] EWFC 76 Introduction The recent landmark decision in DF v YB (No. 2: Costs) [2025] EWFC 76 has sent shockwaves through family law practice, reinforcing that...
Apr 14, 2025
Costs Consequences of Refusing to Mediate: The Hard Lessons of Alrubie v Chelsea Football Club Ltd & Anor [2025] EWHC 541 (Comm) Introduction The recent High Court decision in Alrubie v Chelsea Football Club Ltd & Anor [2025] EWHC 541 (Comm) serves as a...
Apr 14, 2025
The Cost Consequences of Refusing Mediation: Lessons from PQR Ltd v XYZ Corp [2025] EWHC 541 (Comm) Alternative dispute resolution (ADR), particularly mediation, is a cornerstone of the English civil justice system. Courts increasingly expect parties to attempt...
Apr 14, 2025
Settlement offers. Litigation is a high-stakes process where rejecting a settlement offer can lead to severe financial penalties. A recent case underscores the risks of unreasonably refusing an offer—even after mediation. This article examines the court’s approach to...
Mar 23, 2025
The Consequences of Refusing to Mediate: Lessons from Assensus Ltd v Wirsol Energy Ltd The recent case of Assensus Ltd v Wirsol Energy Ltd (Re Consequential Matters) [2025] EWHC 503 (KB) provides a significant examination of the consequences of refusing to mediate....
Mar 23, 2025
The Cost-Saving Benefits of ADR in Professional Negligence Cases The recent decision in Soroka v Payne Hicks Beach (a firm) [2025] EWHC 602 highlights the significant costs associated with professional negligence litigation and raises important considerations...
Mar 17, 2025
The Costly Risks of Boundary Disputes: Why Mediation is the Smart Choice Boundary disputes are among the most contentious and expensive legal battles a homeowner can face. The case of Dr. Dawn Carnell and David Moore, who spent £250,000 trying to remove a public...
