Garritt- Critchley & Ors v Ronnan & Anor

Garritt- Critchley & Ors v Ronnan & Anor

The defendants' persistent and unreasonable refusal to engage in mediation or any serious ADR, without valid justification and contrary to established legal principles, warrants an order for indemnity costs against them.

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, Mediation
Civil Procedure Costs Alternative Dispute Resolution (adr) Indemnity Costs Mediation

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

Ratio Decidendi

The defendants' persistent and unreasonable refusal to engage in mediation or any serious ADR, without valid justification and contrary to established legal principles, warrants an order for indemnity costs against them.

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, except claimants entitled to only 50% of solicitors' costs for trial bundle preparation.
  • Defendants to pay £80,000 plus VAT on account of costs by 4.00 pm on Monday, 3 March.