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PI Brief Update

Cost Sanctions and ADR in Personal Injury Claims - Tim Wallis, Trust Mediation Ltd

23/03/12. Strange though it may seem, a recent dilapidations claim in the Technology and Construction Court may be of importance to the conduct of personal injury claims in relation to ADR and mediation.  The key point of the case, so far as this article is concerned, is the court’s approach to cost sanctions when a party ignores, or fails to deal competently with, an offer to mediate.  

PGF II SA v OMFS Company (1) was heard by Recorder Stephen Furst QC, sitting as a Deputy High Court Judge.  The fact that the Judge has had practical experience of mediation can be seen from many points in the Judgment.  

The costs issue will be familiar to any personal injury practitioner.  C accepted a Part 36 offer on the eve of trial.  The offer had been made 9 months earlier.  D sought an order that its costs be paid from the date of the expiry of the Part 36 offer through to the date of acceptance.  The Court refused.  Why?  Because...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.