Cases - Dunnett v Railtrack

Record details

Name

Dunnett v Railtrack

Date

[2002]

Citation

2 ALL ER 850

Legislation

Civil Procedure Rules 1998

Keywords

Construction – litigation – loss and expenses – alternative dispute resolution – consideration of alternative dispute resolution – rejection of alternative dispute resolution – consequences of rejection of alternative dispute resolution – costs – costs penalties

Summary

The question of adverse costs penalties in respect of failure to consider using alternative dispute resolution (ADR) procedures was the key issue in this case.

The Court of Appeal refused to make a court order against the claimant, in light of Railtrack's refusal to consider arbitration or mediation.