Dunnett v Railtrack Plc (Costs) [2002] EWCA Civ 303 (22 February 2002)

Dunnett v Railtrack Plc (Costs) [2002] EWCA Civ 303 (22 February 2002)

Where a party unreasonably refuses to engage in ADR when encouraged by the court, this conduct may be relevant to the exercise of the court's discretion as to costs. In this case, the defendant's refusal to contemplate ADR justified making no order as to costs despite the claimant's unsuccessful appeal.

Citation
[2002] EWCA Civ 303
Parties
Claimant/appellant: Susan Dunnett; Defendant/respondent: Railtrack PLC
Jurisdiction
England and Wales
Judgment Date
22 February 2002
Procedural Posture
Civil Appeal / Costs Judgment Following Dismissal of Appeal
Outcome
No order as to costs
Legal Topics
Costs, Alternative Dispute Resolution (adr), Case Management, Overriding Objective
Civil Procedure Costs Alternative Dispute Resolution (adr) Case Management Overriding Objective

Case Brief

Summary, issues, holding and outcome

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Parties

Susan Dunnett

Claimant/appellant

Railtrack PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Costs Judgment Following Dismissal of Appeal

Legal Issues

  1. 1 Whether refusal to engage in alternative dispute resolution (ADR) should affect the costs order after dismissal of appeal

Ratio Decidendi

Where a party unreasonably refuses to engage in ADR when encouraged by the court, this conduct may be relevant to the exercise of the court's discretion as to costs. In this case, the defendant's refusal to contemplate ADR justified making no order as to costs despite the claimant's unsuccessful appeal.

Court Disposition

No order as to costs

Orders

  • No order as to costs on the appeal