Garritt- Critchley & Ors v Ronnan & Anor [2014] EWHC 1774 (Ch) (03 February 2014)

The defendants' persistent and unjustified refusal to engage in mediation or any serious ADR was unreasonable in the circumstances of the case, and this conduct warrants an order for indemnity costs in favour of the claimants.

Citation: [2014] EWHC 1774 (Ch)
Parties: Claimant: Phillip Garritt-Critchley and Others; Defendant: Andrew Ronnan; Defendant: SolarPower PV Limited
Jurisdiction: England and Wales
Judgment Date: 03 February 2014
Procedural Posture: Civil / Post Trial Costs Application
Outcome: Application granted. Indemnity costs ordered against defendants.
Legal Topics: Costs, Alternative Dispute Resolution (adr), Indemnity Costs, Failure to Mediate

Civil Procedure Contract Law Costs Alternative Dispute Resolution (adr) Indemnity Costs Failure to Mediate

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Parties

Phillip Garritt-Critchley and Others

Claimant

Andrew Ronnan

Defendant

SolarPower PV Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Application

Legal Issues

1 Whether the defendants' refusal to engage in mediation was unreasonable and justifies an order for indemnity costs.

Ratio Decidendi

Court Disposition

Application granted. Indemnity costs ordered against defendants.

Orders

Defendants to pay claimants' costs on an indemnity basis, subject to detailed assessment if not agreed, save that claimants are only entitled to 50% of solicitors' costs for trial bundle preparation.
Defendants to make a payment on account of costs to claimants in the sum of £80,000 plus VAT by 4.00 pm on 3 March.