Silence is not golden — the real cost of ignoring a mediation invitation
By Simon Pestell
In the recent case of PGF II SA v OMFS (2013), the Court of Appeal upheld a decision of the High Court to deprive a successful party of its costs on the grounds that it had not responded to an invitation to mediate.
The case related to a claim for damages arising from dilapidations. The claimant made two Part 36 offers to accept firstly £1.125m and then £1.25m and followed that up with a detailed invitation to participate in mediation. The defendant did not respond to the invitation and instead made a Part 36 offer to settle of £700,000. The defendant’s offer was eventually accepted but very late (on the eve of trial) and, ordinarily, the claimant would be obliged to pay the defendant’s cost incurred from a date shortly after the offer was made and up to the date on which it was accepted…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The law provides that if you would like to move a child from their main country of residence, the consent of the other person with parental rights should be obtained first.
There are now a range of options for resolving a dispute between a consumer and a trader.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…