Alternative dispute resolution

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC), [2012] All ER (D) 235 October

In deciding whether to deprive a successful party of some or all of its costs on the grounds that it had refused to agree to alternative dispute resolution, it has to be borne in mind that such an order is an exception to the general rule that costs should follow the event. The burden is on the unsuccessful party to show why there should be a departure from the general rule. The fundamental principle is that such departure is not justified unless it was shown that the successful party acted unreasonably in refusing to agree to alternative dispute resolution.