Cases: English Legal System

Rolf v De Guerin (2011) EWCA Civ 78

Facts: The claimant contracted with a builder (defendant) for an extension to be built on her house. The claimant’s husband was expected to oversee the work. The builder stopped work, citing the husband’s aggressive behaviour. The claimant stopped paying the builder and sued him for breach of contract. The builder refused to mediate and won…

Read Case Study

Hurst v Leeming (2002) EWCH 1051

Legal Principle: A party may turn down an offer to mediate with impunity if it can satisfy the court that it has compelling reasons to do so.

Dunnett v Railtrack plc (2002) 2 All ER 850

Legal Principle: The Court of Appeal is now prepared to punish parties who refuse to use ADR by depriving them of costs, even if they are successful in the action.

R (on the application of Crawford) v Newcastle University (2014) EWHC 1197

Facts: A medical student was in dispute with his university. During the dispute, he suggested the parties should consider mediation. The university did not respond to this suggestion. Held: The High Court stated that on the facts this was one of the rare cases when silence in the face of this refusal was reasonable because…

Read Case Study

PGF II SA v OMFS Co 1 Ltd (2013) EWCA Civ 1288

Held: The Court of Appeal stated that failure to respond to an invitation for mediation would generally be viewed as unreasonable and could, therefore, lead to cost sanctions.