Liability Risk and Insurance
Alternative Dispute Resolution – Plus Ça Change?
By James Deacon, Beachcroft Wansbroughs
In the joined cases of
Halsey v Milton Keynes General NHS Trust
and
Steel v Joy and Halliday
[2004] EWCA (Civ) 576, the Court of Appeal gave guidance as to when it is appropriate to impose a costs sanction against a
successful litigant, who has refused to engage in mediation.