Cafe de Lecq v Rossborough [2012] 2 JLR 155 (23 August 2012)
- Citation
- [2012] 2 JLR 155
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Costs Determination
More details
- Posture
- Civil / Costs Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A party who unreasonably refuses to engage in mediation may be ordered to pay costs on an indemnity basis, but a reasonable belief in the merits of the case can justify refusal.
Court disposition
Costs may be ordered on an indemnity basis for unreasonable refusal to mediate, subject to the court's assessment of reasonableness.
02
Material facts
Parties
Cafe de Lecq
ApplicantRossborough
Respondent03
Procedural history
Posture
Civil / Costs Determination
04
Questions and positions
Legal issues
Whether costs may be ordered on an indemnity basis against a party who unreasonably refuses to engage in mediation
Party arguments
- Applicant
- Applicant sought indemnity costs on the basis that the respondent unreasonably refused to engage in mediation.
- Respondent
- Respondent argued that their refusal to mediate was reasonable due to a belief in the merits of their case.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2012] 2 JLR 155
Costs may be ordered on an indemnity basis against a party who unreasonably refuses to engage in mediation. The party seeking such an award must satisfy the court that the refusal was unreasonable. Relevant factors include the likelihood of success, character of the litigants, cost, and delay. A reasonable belief in the merits of the case may justify refusal.
06
Ratio, limits and disposition
Ratio decidendi
A party who unreasonably refuses to engage in mediation may be ordered to pay costs on an indemnity basis, but a reasonable belief in the merits of the case can justify refusal.
Court disposition
Costs may be ordered on an indemnity basis for unreasonable refusal to mediate, subject to the court's assessment of reasonableness.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Cafe de Lecq v Rossborough [2012] 2 JLR 155 (23 August 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122155.html Cite as: [2012] 2 JLR 155 [ New search ] [ Help ] Cafe de Lecq v Rossborough 2012 (2) JLR 155 (23 August 2012) Civil Procedure-mediation-refusal of mediation-costs may be ordered on indemnity basis against party who unreasonably refuses to engage in mediation-party seeking award to satisfy court that refusal unreasonable-relevant factors include likelihood of success; character of litigants; cost; and delay-reasonable belief in merits of case may justify refusal The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 155 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122155.html
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