PGF II SA v OMFS Company & Anor

PGF II SA v OMFS Company & Anor

It was unreasonable for the Defendant to refuse to mediate, but the Claimant failed to establish a causal link between late disclosure and acceptance of the Part 36 offer. Therefore, the Claimant is entitled to costs up to 2nd May 2011, but no order for costs thereafter.

Parties
Claimant: PGF II SA; Defendant: OMFS Company; Defendant: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Civil / Post Settlement Costs Determination
Outcome
Claimant entitled to costs up to 2nd May 2011; no order for costs thereafter; each party to bear own costs for hearing on 11th January 2012.
Legal Topics
Costs After Part 36 Offer, Repairing Covenants, Mediation Refusal, Dilapidations
Civil Procedure Landlord and Tenant Alternative Dispute Resolution Costs After Part 36 Offer Repairing Covenants Mediation Refusal Dilapidations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

PGF II SA

Claimant

OMFS Company

Defendant

Bank of Scotland PLC

Defendant

Procedural Posture

Civil / Post Settlement Costs Determination

Legal Issues

  1. 1 Whether the Defendant should pay the Claimant’s costs after expiry of the relevant period following a Part 36 offer
  2. 2 Effect of late disclosure of legal argument on costs
  3. 3 Impact of unreasonable refusal to mediate on costs

Ratio Decidendi

It was unreasonable for the Defendant to refuse to mediate, but the Claimant failed to establish a causal link between late disclosure and acceptance of the Part 36 offer. Therefore, the Claimant is entitled to costs up to 2nd May 2011, but no order for costs thereafter.

Court Disposition

Claimant entitled to costs up to 2nd May 2011; no order for costs thereafter; each party to bear own costs for hearing on 11th January 2012.

Orders

  • Claimant to draw up an order reflecting the judgment.
  • Each party to bear its own costs for the hearing on 11th January 2012.