Dec 6, 2022
We are seeing an increase in reported cases where the Courts are asked to consider departing from the usual costs rules because if the other party’s conduct including failure to mediate. This is always a useful argument to raise in order to show unreasonable conduct,...
Dec 6, 2022
Sometimes once is not enough. If a case doesn’t settle at a first mediation why not have a second, or even third, bite of the cherry? I have dealt with cases where two or three mediation sessions have taken place. The question in this post is: does the Court expect...
Nov 5, 2022
Court of Appeal Court of Appeal Mediation Scheme Litigants with cases that go as far as the Court of Appeal might be wondering whether the opportunity to resolve a case has long gone by that stage. By its very definition, cases that reach the Court of Appeal will have...
Nov 1, 2022
The president of the family division has dlievered a speech about the benefits of avoiding Court. https://www.bailii.org/uk/other/speeches/2022/344JJ.html He asks “When families fall apart, do they fall too easily into court?“ Lord Macfarlane says that: “To be a child...
Nov 1, 2022
The Court of Appeal recommended mediation to save costs, after refusing an appeal against a costs decision penalising a party who had refused to mediate. In a recent case (TMO Renewables Limited v Timothy Yeo and Others...
Oct 28, 2022
In a recent case, https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2022/2688.html the Court was asked to look at whether the parties’ conduct, including failure to mediate, should lead to an indemnity costs order instead of a standard order. In this...
