Cafe de Lecq v Rossborough [2012] 2 JLR 155 (23 August 2012)

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.

Citation: [2012] 2 JLR 155
Parties: Applicant: Cafe de Lecq; Respondent: Rossborough
Jurisdiction: Jersey
Judgment Date: 23 August 2012
Procedural Posture: Civil / Costs Determination
Outcome: Costs may be ordered on an indemnity basis for unreasonable refusal to mediate, subject to the court's assessment of reasonableness.
Legal Topics: Mediation, Costs, Refusal to Mediate, Indemnity Costs

Civil Procedure Mediation Costs Refusal to Mediate Indemnity Costs

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Parties

Cafe de Lecq

Applicant

Rossborough

Respondent

Procedural Posture

Civil / Costs Determination

Legal Issues

1 Whether costs may be ordered on an indemnity basis against a party who unreasonably refuses to engage in mediation

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.