The High Cost of Litigation Risk: Lessons from a Family Inheritance Dispute – Case of RobertChung
By Peter Causton
A recent report in the Daily Mail highlights the significant risks that can arise when family disputes proceed all the way to trial.
The case concerned a disagreement between siblings over the estate of their late parents and, in particular, the ownership of the family home. One sibling contended that promises had been made during his parents’ lifetime which entitled him to a greater share of the estate. His brother and sister disagreed.
After a contested trial, the court rejected the claim and made substantial costs orders. According to the Daily Mail report, the unsuccessful claimant now faces liabilities of approximately £265,000.
Whilst the legal issues were specific to this family, the case illustrates several themes that mediators and litigators encounter repeatedly: the uncertainty of litigation, the difficulty of assessing risk objectively, and the importance of carefully considering settlement opportunities.
Perhaps the most striking feature of the case was the evidence that a settlement proposal had previously been made under which the claimant would have received 62.5% of the value of the property. Had that compromise been accepted, the dispute would have concluded without the costs, stress and uncertainty of a trial.
Instead, the parties proceeded to a final hearing, with the court ultimately determining the outcome.
The case therefore provides a useful reminder that litigation is rarely a choice between complete victory and complete defeat. More often, it is an exercise in risk management.
Litigation Is Inherently Uncertain
One of the most difficult aspects of any legal dispute is that outcomes can never be guaranteed.
Parties frequently approach litigation with a genuine and sincere belief that their position is correct. In family disputes particularly, individuals often have deeply held views about what was said, what was intended and what is fair.
However, courts decide cases on evidence. Judges must assess documents, witness testimony and the overall credibility of the competing accounts placed before them.
Even where a litigant feels strongly that justice is on their side, there is always the possibility that the court may reach a different conclusion.
That uncertainty lies at the heart of every contested hearing.
The Importance of Risk Assessment
Experienced lawyers spend much of their time helping clients evaluate not only the strengths of their case, but also its risks.
What if the judge prefers the evidence of another witness?
What if an important document is interpreted differently than expected?
What if the court accepts some aspects of a case but rejects others?
What if the costs consequences outweigh the value of the dispute itself?
These are not negative questions. They are practical ones.
The most successful litigants are often those who are able to assess their position objectively and make decisions based not only on what they hope will happen, but also on what might happen.
The Forgotten Value of Settlement
The reported settlement offer in this case deserves particular attention.
According to the report, the claimant could have received 62.5% of the value of the family home under a proposal made before trial.
Viewed objectively, that represented a significant concession by the other parties and an opportunity to bring a long-running dispute to an end.
Settlement is sometimes misunderstood as a sign of weakness or an admission that a case lacks merit. In reality, settlement is often a recognition that litigation carries risk for everyone involved.
A negotiated outcome provides certainty. A trial does not.
Many experienced litigators will tell clients that obtaining a substantial proportion of what is sought through settlement can often be a far better outcome than pursuing complete success at trial and facing the possibility of receiving far less—or even nothing at all.
Why Mediation Matters
Cases involving families are particularly well suited to mediation.
The legal dispute is often only part of the problem. Beneath the legal arguments there may be years of history, misunderstandings, differing expectations and unresolved emotions.
A judge can determine legal rights. A judge cannot restore family relationships.
Nor can a court usually create the flexible and creative solutions that parties may be able to achieve through mediation.
One of the most valuable aspects of mediation is that it encourages parties to consider litigation risk realistically. Mediators frequently ask a simple but important question:
“What happens if the judge disagrees with you?”
That question is not designed to undermine anyone’s case. It is designed to ensure that decisions are made with a full appreciation of both the opportunities and the risks.
Reasonableness Is Often Rewarded
The civil justice system increasingly expects parties to behave reasonably.
That does not mean accepting every offer that is made.
It does mean giving genuine consideration to sensible proposals, engaging constructively with attempts to resolve disputes, and carefully evaluating the risks and costs of continuing litigation.
Many cases settle because both parties recognise that certainty today may be preferable to uncertainty tomorrow.
That is not weakness. It is often good judgment.
A Lesson for All Litigants
The tragedy identified by the judge was not simply the financial consequences of the litigation, but the possibility that a substantial family asset may ultimately have been diminished by years of dispute.
Cases such as this remind us that settlement is not about surrendering legal rights. Rather, it is about making informed decisions in the face of uncertainty.
Litigation will always have its place. Some cases must be tried. Courts exist for precisely that purpose.
However, where reasonable settlement proposals are available, parties should carefully evaluate not only what they might gain by proceeding to trial, but also what they stand to lose.
As every experienced litigator knows, the outcome of a trial is never guaranteed. The challenge is not simply deciding whether you are right. It is deciding whether the risk of proving it is worth taking.
With acknowledgment to the Daily Mail’s report of 19 June 2026, which first brought this case to public attention.
Considering Mediation?
Disputes involving families, inheritance, property and estates can be emotionally and financially draining. Mediation offers parties the opportunity to explore solutions in a confidential and constructive environment, often at a fraction of the cost of contested court proceedings.
Whilst not every case will settle, many disputes can be resolved before the parties incur the substantial legal costs, delay and uncertainty that litigation can bring.
If you are involved in a dispute and would like to explore mediation, please contact ProMediate (UK) Limited to discuss the available options and whether mediation may be suitable for your case.