In the recent case of Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC) (31 May 2024)
URL: http://www.bailii.org/ew/cases/Misc/2024/19.html the Claimant had a proprietary estoppel claim. He alleged that when he sold a property he had an option to buy it back from the purchasers. The Court rejected the claim.
The interesting thing from a mediator’s perspective is that the judge found that the Defendants should have mediated, even though they won the case. The judge said I will deal with any outstanding matters and the issue of costs when I hand judgment down. One matter that seriously concerns me is why the Defendants did not agree to mediation when it was put to them. The importance of mediation can never be over-emphasised: see, for example, the recent decision of the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. The Defendants will have to advance compelling reasons why the offer of mediation was rejected out of hand by them.
According to Civil Litigation Brief’s Gordon Exall, the judge reduced the Defendant’s costs by 25% for refusing to mediate even though they had a strong case. According to the report, the Defendants rejected mediation 3 times and insisted the Claimant pay for it in its entirety.