header-logo header-logo

21 February 2008 / Jonathan Pratt
Issue: 7309 / Categories: Features , Public , Procedure & practice , Mediation
printer mail-detail

The perfect moment

How do parties recognise the correct time to mediate? asks Jonathan Pratt

Is there a right time to mediate? If one side refuses to mediate until shortly before trial, should that party be penalised in costs? Can mediation take place too early? These issues were considered in the recent High Court case of Nigel Witham Ltd v Smith and another [2008] EWHC 12 (TCC), [2008] All ER (D) 101 (Jan). The underlying dispute related to fees for the design and project management of building works at a hotel. At trial, the defendants  were awarded damages of £1,683 in respect of one of their counter-claims. This sum was dwarfed by the defendants’ claim for £123,000 in costs.

The claimant sought to persuade the court to depart from the general rule that costs follow the event by relying on the ruling of the Court of Appeal in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920 that a party to litigation who unreasonably refuses to engage in mediation may be penalised in costs. This principle

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll