A tragic obsession
Bingham, T
A tragic obsession - 2002 - Building 267(8251) 20 September 2002, 58-59(2) .
Comments on the current view that, although mediation is not compulsory in law, any unjustified failure to accept mediation opportunities with a realistic prospect of resolution would result in adverse consequences at the litigation stage. Recent CA cases have seen the successful parties severely criticised and legal costs awarded against them. However there are exceptions. In "Hurst v Leeming", the losing claimant (H) argued that he had suggested mediation but the defendant (L) hadrejected it and therefore H should not pay costs. The judge ruled that H's character, obsessed by a sense of personal injustice, was such that mediation would get nowhere and awarded costs against him.
ALTERNATIVE DISPUTE RESOLUTION
ALTERNATIVE DISPUTE RESOLUTION
MEDIATION
HURST V LEEMING
LEGAL COSTS
A tragic obsession - 2002 - Building 267(8251) 20 September 2002, 58-59(2) .
Comments on the current view that, although mediation is not compulsory in law, any unjustified failure to accept mediation opportunities with a realistic prospect of resolution would result in adverse consequences at the litigation stage. Recent CA cases have seen the successful parties severely criticised and legal costs awarded against them. However there are exceptions. In "Hurst v Leeming", the losing claimant (H) argued that he had suggested mediation but the defendant (L) hadrejected it and therefore H should not pay costs. The judge ruled that H's character, obsessed by a sense of personal injustice, was such that mediation would get nowhere and awarded costs against him.
ALTERNATIVE DISPUTE RESOLUTION
ALTERNATIVE DISPUTE RESOLUTION
MEDIATION
HURST V LEEMING
LEGAL COSTS