Issue 44 - February 2004
Can the courts order parties to try Alternative Dispute Resolution, even though one side had expressly said that it did not want to?
Alternative Dispute Resolution
Shirayama Shokusan Company Ltd and Others v Danovo Ltd
Click to download PDFCorenso (UK) Ltd v The Burnden Group plc
Issue 39 - September 2003
Corenso refused to mediate. The court took a broad view that there was more than one form of ADR. Parties are required to attempt to resolve their differences without resorting to court. But, while mediation may be the way forward in some cases, in others, negotiation may be equally appropriate. Therefore, Corenso was not penalised for its failure to mediate.
Royal Bank of Canada v The Secretary of State for Defence
Issue 37 - July 2003
Although the defendant won on the majority of issues, it was penalised on costs because of its failure to try and resolve the dispute through ADR. In particular, the Judge took into account the fact that the government had pledged to try and settle the legal cases by ADR.
Changes to the Civil Procedure Rules
Issue 35 - May 2003
From 1 April 2003, the Civil Procedure Rules pre-action protocol practice direction includes a new requirement whereby a proposed claimant should state if he wishes to enter into mediation or any other alternative method of dispute resolution.
Leicester Circuits Ltd v Coates Brothers plc
Issue 34 - April 2003
A month before trial was due to commence, Coates withdrew from a mediation. Although Coates succeeded at trial, it was found liable to pay the costs of that trial.
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