Costs and refusing ADR

Question 1

CPR 44.3(4) provides that “in deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including-(a) the conduct of the parties.

True or false?

Answer 1

True

Question 2

What are the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR?

Answer 2

1. The nature of the dispute
2. The merits of the case
3. Whether other settlement methods have been rejected
4. Whether ADR would have disproportionate cost
5. Whether ADR would delay proceedings
6. Whether ADR had a reasonable prospect of success.

Question 3

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

1. The nature of the dispute
2. The merits of the case
3. Whether ADR would have disproportionate cost
4. Whether ADR would delay proceedings
5. Whether ADR had a reasonable prospect of success.

Answer 3

3. Whether other settlement methods have been rejected

Question 4

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

1. The nature of the dispute
2. The merits of the case
3. Whether other settlement methods have been rejected
4. Whether ADR would have disproportionate cost
5. Whether ADR had a reasonable prospect of success.

Answer 4

5. Whether ADR would delay proceedings

Question 5

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

1. The nature of the dispute
2. The merits of the case
3. Whether other settlement methods have been rejected
4. Whether ADR would delay proceedings
5. Whether ADR had a reasonable prospect of success.

Answer 5

4. Whether ADR would have disproportionate cost

Question 6

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

2. The merits of the case
3. Whether other settlement methods have been rejected
4. Whether ADR would have disproportionate cost
5. Whether ADR would delay proceedings
6. Whether ADR had a reasonable prospect of success.

Answer 6

1. The nature of the dispute

Question 7

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

1. The nature of the dispute
2. Whether other settlement methods have been rejected
3. Whether ADR would have disproportionate cost
4. Whether ADR would delay proceedings
5. Whether ADR had a reasonable prospect of success.

Answer 7

2. The merits of the case

Question 8

Which of these features about the factors that a Court will take into account in deciding whether a party has been unreasonable in refusing ADR is missing?

1. The nature of the dispute
2. The merits of the case
3. Whether other settlement methods have been rejected
4. Whether ADR would have disproportionate cost
5. Whether ADR would delay proceedingss

Answer 8

6. Whether ADR had a reasonable prospect of success.