Issue 34 - April 2003
A month before trial was due to commence, Coates withdrew from a mediation. Although Coates succeeded at trial, it was found liable to pay the costs of that trial.
Alternative Dispute Resolution
Leicester Circuits Ltd v Coates Brothers plc
Click to download PDFSociété Internationale de Télécommunications Aéronautiques SC v Wyatt Co (UK) Ltd & others
Issue 29 - November 2002
Wyatt attempted to claim its costs on the grounds that a Part 20 defendant had declined invitations to mediate. The court made it clear that it is not enough merely to offer to mediate, that offer must be a genuine attempt to resolve the matters in dispute.
Cable & Wireless v IBM
Issue 28 - October 2002
Judge Colman had to consider an application brought by IBM for a stay of proceedings on the grounds that the contract between the parties provided that the parties should try and resolve any dispute between them first by negotiation and then through an ADR procedure.