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England and Wales decisions
Decisions matching the current search
The court ordered the costs of a failed Early Neutral Evaluation to be costs in the case, refusing indemnity costs and declining to shift costs of the costs application.
London Eco Homes Ltd v Raise Now Ealing Ltd [2025] EWHC 1505 (TCC) (25 March 2025)
The High Court enforced an adjudicator’s decision, holding the defendant’s jurisdiction challenge had no real prospect of success.
The High Court enforced an adjudicator’s decision, holding that a settlement agreement varied the original construction contract and preserved adjudication rights.
The ADR exit agreement is a valid and binding contract; the appellant's unilateral mistake was not operative and did not affect contract formation; the appeal stands withdrawn.
Source excerpt
Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (29 November 2023)
The Court of Appeal held that courts may stay proceedings or order ADR in appropriate cases, and that Halsey did not bind courts to refuse such orders.
The High Court held that ECA could proceed to Market Testing without a “health warning” in tender documents and refused Ealing’s request to stay the claim to adjudication.
Mann v Mann [2014] EWHC 537 (Fam) (05 March 2014)
The High Court held that a mediation agreement was binding but could not bar enforcement proceedings; it adjourned the case for 8 weeks and ordered disclosure.
The court approved a consent order reflecting an IFLA family arbitration award and set out guidance on how judges should handle similar applications.
S v S [2014] EWHC 7 (Fam) (14 January 2014)
Where parties have agreed to be bound by an arbitral award under the IFLA Scheme and seek approval of a consent order reflecting that award, the court should approve the order unless there is a compelling reason not to, respecting party autonomy and the determinative weight of the arbitral award.
Source excerpt
The Court of Appeal held that silence in response to a serious invitation to mediate is generally unreasonable and can justify a costs sanction.
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