Please reload

Recent Posts

Ignore PACT At Your Peril

March 27, 2015

1/1
Please reload

Featured Posts

Ignore PACT At Your Peril

March 27, 2015

Occassionally there is big ground breaking case law. Here is one of the latest. Professional arbitration on court terms (PACT) is a form of alternative dispute resolution (ADR). It is partiularly suitable for lease renewal procedings under the Landlord and Tenant Act 1954. It is essential that your property advisers understand the latest legal developments.

 

The case of PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 sends out an important message to civil litigants, requiring them to engage with a serious invitation to participate in ADR, even if they have reasons which might justify a refusal, or the undertaking of some other form of ADR, or ADR at some other time in the litigation.

 

Put simply, a party ignored attempts or requests from the other to mediate the dispute, yet eventually went on to 'win' the case. Despite this it was decided that their costs should not be recoverable, on the basis that mediation might have avoided further costs.

 

Here is the judgement:  "...In my judgment, the time has now come for this court firmly to endorse the advice given in Chapter 11.56 of the ADR Handbook, that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable, regardless whether an outright refusal, or a refusal to engage in the type of ADR requested, or to do so at the time requested, might have been justified by the identification of reasonable grounds.to allow the present appeal would, as it seems to me, blunt that message...

 

...The court's task in encouraging the more proportionate conduct of civil litigation is so important in current economic circumstances that it is appropriate to emphasise that message by a sanction which, even if a little more vigorous than I would have preferred, nonetheless operates pour encourager les autres...."

 

If you are engaged in a commercial property lease renewal, and you refuse to engage in PACT, this is a clear message that you run the risks of not being awarded costs following a successful event. Warren Traynor is a practising and trained RICS panel arbitrator. Contact him to consider appointing him for your arbitration dispute.

Please reload

Follow Us
Please reload

Search By Tags
Please reload

Archive
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
surveyors guildford, surveyors farnham, surveyors alton, surveyors aldershot, surveyors fleet, surveyors farnbourough, surveyors petersfield, surveyors frimley, rics, chartered surveyors, rent review surrey, mortgage valuations, home buyers report, to let, for sale, offices, industrial unit, retail
office agents Guildford, office agents Aldershot, office agents Farnborough, office agents Frimley, office agents Fleet, office agents Alton, office agents Petersfield, office agents Haslemere, office agents Liphook, office agents Farnham
shop agents Guildford, shop agents Aldershot, shop agents Farnborough, shop agents Frimley, shop agents Fleet, shop agents Alton, shop agents Petersfield, shop agents Haslemere, shop agents Liphook, shop agents Farnham
restaurant agents Guildford, restaurant agents Aldershot, restaurant agents Farnborough, restaurant agents Frimley, restaurant agents Fleet, restaurant agents Alton, restaurant agents Petersfield, restaurant agents Haslemere, restaurant agents Farnham
investment agents Guildford, investment agents Aldershot, investment agents Farnborough, investment agents Frimley, investment agents Fleet, investment agents Alton, investment agents Petersfield, investment agents Haslemere, investment agents Farnham
Office or offices to let for rent for sale in Farnham, industrial buildings or industrials premises to let for rent for sale in Farnham, warehouse or warehouses to let for rent for sale in Farnham, shops or retail property to let for rent for sale Farnham
Office or offices to let for rent for sale in Surrey, industrial buildings or industrials premises to let for rent for sale in Surrey, warehouse or warehouses to let for rent for sale in Surrey, shops or retail property to let for rent for sale Surrey
surveyors in Farnham, surveyors in Guildford, surveyors in Aldershot, surveyors in Farnborough, surveyors in Frimley, surveyors in Fleet, surveyors in Alton, surveyors in Petersfield, surveyors in Haslemere, surveyors in Liphook
industrial agents Guildford, industrial agents Aldershot, industrial agents Farnborough, industrial agents Frimley, industrial agents Fleet, industrial agents Alton, industrial agents Petersfield, industrial agents Farnham, industrial agents Liphook
Office or offices to let for rent for sale in Hampshire, industrial buildings or industrials premises to let for rent for sale in Hampshire, warehouse or warehouses to let for rent for sale in Hampshire, shops or retail property let for rent sale Hampshire

©TRAYNORRYAN 2019