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Dunnett v Railtrack Plc (in administration), Court of Appeal

11 March 2002
The issues

ADR

The facts

This case was reported in the Law Society Gazette.

In the course of proceedings both parties were told by the Court that they should attempt alternative dispute resolution. Railtrack refused to do so. The matter went to a substantive Hearing at which the Claimant’s Appeal was dismissed. The Court of Appeal refused to award costs to Railtrack however stating “parties and their lawyers should ensure that they are aware that it is one of their duties fully to consider ADR, especially when the Court has suggested it, and not merely to flatly turn it down. To flatly turn down ADR, could place the party doing so at risk of adverse consequences in costs”.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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