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.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
In Cooke v MGN Ltd, the High Court gave the first judgment on the serious harm test in section 1 of the Defamation Act 2013.
The Competition and Markets Authority has published the final order in relation to the Competition Commission’s investigation into the UK statutory audit market for large companies.
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…