Silence In The Face Of An Invitation To Participate In Adr

The view of Briggs LJ in PGF II SA v OMFS Co and Anr (2013) that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable... is justifiably supported in the CPR and by subsequent decisions of the courts. Discuss. The Civil Procedure Rules (CPR) are a code with the objective of dealing with cases justly and proportionate to costs by the courts, justly so far as is practicable considering expenses proportionality, importance and complexity and expeditiously. R1. 4 of the CPR encourages cooperation and encourages Alternative Dispute Resolution (ADR) so long as the court considers it appropriate and facilitates it. ADR in UK encompasses dispute resolution methods other than the court proceedings. There are several forms commonly under mediation and arbitration the government intends for these to be used where appropriate and to reduce the stress on the courts resources. Thus the courts tend to consider it seriously when parties shows silence in the face of an invitation to participate in ADR and may even punish harshly as will be shown later. In Dunnett v Railtrack plc (2002), ADR was suggested by the court itself but the defendants refused as