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.
Facts
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.
Judgment Summary
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.
Key Quotes
"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
Subsequent Treatment
Churchill v Merthyr Tydfil CBC [2023] revisited whether courts can order mediation.