The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made.
Held: The defendant, otherwise successful on appeal, should be penalised in costs. No award of costs was made. Parties should bear in mind the over-riding objective, and the purpose of ADR. A party should be particularly careful before rejecting ADR when recommended by the court, and should not be surprised if penalised in costs for not following such a recommendation.
Judges:
Lord Justice Brooke, Lord Justice Robert Walker and Lord Justice Sedley
Citations:
Times 03-Apr-2002, Gazette 18-Apr-2002, [2002] EWCA Civ 303, [2002] 1 WLR 2434, [2002] CPLR 309, [2002] 2 All ER 850
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Dunnett v Railtrack plc CA 22-Feb-2002
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the . .
See Also – Dunnett v Railtrack Plc (302) CA 22-Feb-2002
. .
Cited by:
Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Cited – Hurst v Leeming (9026) ChD 9-May-2002
The claimant solicitor, had instructed the defendant, a barrister, to represent him in a civil claim. He sought had damages for alleged negligence. He had agreed that the action could not proceed, and the court had to decide the costs. He resisted . .
Cited – Rolf v De Guerin CA 9-Feb-2011
The parties had disputed a building contract. A Part 36 offer had been made by the builder defendant, but the judgment was for rather less, and the judge awarded the claimant her costs.
Held: The court exercised its discretion to set aside the . .
Appeal from – Dunnett v Railtrack plc CA 22-Feb-2002
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the . .
Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 16 September 2022; Ref: scu.168117