Silence can be expensive - the dangers of ignoring an opponent's ADR Request

14 November 2013. Published by Christopher Whitehouse, Senior Associate

In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]

Concerning whether an unreasonable refusal to engage in alternative dispute resolution ("ADR") justified the imposition of a costs sanction.  In PGF, the court held that a failure to respond to repeated invitations to participate in ADR was inherently unreasonable and should attract a costs sanction, regardless of whether a reasoned outright refusal would have been justifiable.   For the full case comment please click here.

[1] [2004] EWCA Civ 576, [2004] 1 W.L.R. 3002