0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Valentine v Allen and Others, Court of Appeal, 29 July 2003

5 August 2003
The issues

Trespass – Costs – Mediation.

The facts

Claimant had brought proceedings seeking to restrain an alleged trespass. The Respondents had been successful at first instance and on Appeal. The Claimant had offered to mediate. The Respondents had refused. The Claimant argued following Dunnett -v- Railtrack Plc that the Respondents should have their costs disallowed or reduced.

The decision

1. Although the Respondents had refused to mediate, they had made real efforts to settle the dispute by making offers, which were reasonable. This was evidenced by correspondence. Moreover, they had sought a “roundtable” meeting. The Defendant had refused the offers made.

2. The Respondents had not acted unreasonably by refusing the offer of mediation.

3. There was another issue supporting that view. When Claimant had sought permission to appeal the Judge’s Order as to costs in which the mediation issue had been dealt with Arden LJ had stated that it was not clear that the Claimant could have reached an agreement by mediation and that the failure to mediate was of no causal effect.

focus on...

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

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.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up