Halsey v Milton Keynes General NHS Trust
[2004] EWCA Civ 576
Ratio Decidendi
The court cannot compel parties to mediate, as that would be contrary to Article 6 ECHR. However, unreasonable refusal to mediate may be penalised in costs.
Fapte
The claimant sought costs against the defendant for refusing to engage in mediation. The court considered when a refusal to mediate should attract costs sanctions.
Rezumatul hotărârii
The Court of Appeal held that the court should have regard to whether ADR had a reasonable prospect of success and whether the party had unreasonably refused. The burden of showing unreasonableness lies on the party seeking costs sanctions.
Citate cheie
"To oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court."
— Dyson LJ
Tratament ulterior
Churchill v Merthyr Tydfil CBC [2023] revisited whether courts can order mediation.