Alternative dispute resolution

ADR and the costs sanction

In Dunnett v Railtrack plc (No 1) [2002] EWCA Civ 302 and Dunnett v Railtrack plc (No 2) [2002] EWCA Civ 303, [2002] 2 All ER 850 the Court of Appeal has made it clear that a failure by a party to consider ADR when this has been suggested by the court may well result in that party being deprived of a costs order should it be successful at trial.