Court of Appeal reaffirms importance of responding to a proposal to engage in ADR - Nancy Kelehar, Temple Garden Chambers
17/05/24. Northamber Plc v Genee World Ltd [2024] EWCA Civ 428
Date of Judgment: 01/05/2024
In this appeal, the underlying claim related to an alleged breach of an Exclusivity Agreement between the parties. The appeal was brought by the Claimant on five grounds; the fifth concerned the judge’s costs order.
The concern addressed by the appellate court related to the failure of the Second and Third Defendants to respond to an offer of mediation made on behalf of the Claimant as follows:
“We would ask you to take instructions from your clients and for an indication, by return, as to their willingness to mediate. You will be aware of the consequences if a party refuses to mediate…”
Importantly, the letter containing the proposal to mediate reminded the other parties of the operative case management direction in this case which stated:
“At all stages the parties must consider settling this litigation by means of alternative dispute resolution. Any party not engaging in any such means proposed by another must serve a witness statement giving...
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