3PB warns unreasonable refusals to engage with ADR may well come at a cost to the client

10th June 2020

3PB’s specialist commercial law barristers David Parratt QCDavid Parratt QC (Scot)Call: 1999Silk: 2017 and Rebecca FarrellRebecca FarrellCall: 2016 review the cost consequences of a clients unreasonable refusal to engage in ADR.

The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the actions of the parties in relation to offers of ADR as to whether they are ‘reasonable’ or not. Even the failure to respond to a Part 36 Offer alongside an offer to mediate, can of itself potentially signify an unreasonable refusal to engage with ADR.

To read the full article please click here.

David and Rebecca will be hosting a free webinar on ‘’Settlement, ADR and Costs’’ on Tuesday 16th June. Click here to register your place.

To discuss this article further, or to instruct David or Rebecca on a matter relating to this article, or any other matter, please contact their clerks David Fielder on david.fielder@3pb.co.uk or James Parks on james.parks@3pb.co.uk.