Dunnett v Railtrack plc
A winning party that unreasonably refused to consider mediation was denied its costs.
Facts
Ms Dunnett's horses were killed by a train after they strayed onto a railway line through a gate that had been left open. She sued Railtrack, the railway infrastructure company, and lost. When she was given permission to appeal, the court suggested that the parties should consider alternative dispute resolution, but Railtrack refused to consider mediation. The Court of Appeal dismissed her appeal.
Legal principle
Although Railtrack won the appeal, the Court of Appeal ordered that it should not recover its costs, because it had unreasonably refused to consider mediation. Brooke LJ said that lawyers have a duty to further the overriding objective of the Civil Procedure Rules, including by encouraging the use of alternative dispute resolution, and that skilled mediators can achieve results satisfactory to both parties that are quite beyond the power of lawyers and courts to achieve. A party that turns down ADR out of hand when it is suggested by the court may suffer uncomfortable costs consequences.
Related cases on civil justice and procedure
- American Cyanamid Co v Ethicon Ltd [1975] AC 396
- Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55
- Arkin v Borchard Lines Ltd [2005] EWCA Civ 655, [2005] 1 WLR 3055
- Barton v Wright Hassall LLP [2018] UKSC 12, [2018] 1 WLR 1119
- Biguzzi v Rank Leisure plc [1999] 1 WLR 1926
- Callery v Gray [2002] UKHL 28, [2002] 1 WLR 2000
- Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
- Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926
Studying english legal system? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
