The recent decision of the High Court in White Young Green
Environmental (Ireland) Limited v Anne Gethings [2015] IEHC 498 has
raised new issues when advising clients on when to make an offer of
tender of payment at a late stage in the proceedings and in
particular post mediation.
Background
The case was set down for trial in April 2015 however on the
second day of the trial, following the urging of the Court, the
parties adjourned proceedings to engage in mediation and the
proceedings were stayed as a result. The mediation was unsuccessful
and a new trial date was set for January 2016.
The plaintiff subsequently made an application pursuant to Order 22
Rule 1(1) of the Rules of the Superior Courts seeking leave of the
Court to make an offer of tender of payment to the defendant in
relation to the defendant's counterclaim.
