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Warning! Refusal to Mediate leads to indemnity costs.

Refusal to Mediate Leads to Indemnity Costs in civil cases Fernandez v Fernandez & Ors  [2025] EWHC 2373 (Ch) A recent High Court judgment in Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch) offers a stark reminder of the risks of refusing to mediate. In...

costs budgeting for ADR

Costs Budgets and the Battle over ADR Two recent costs judgments — Pontis Finance LLP v Karam, Missick & Traube LLP [2025] (Deputy Master Henderson) and the PAN NOx Emissions Litigation [2025] (Mrs Justice Cockerill DBE and Senior Costs Judge Rowley) — highlight...

A case for mediation

Hilton & Cosnier v Woolfe & Dunkley (ChD, Master Kaye, 12 Sept 2025) — why this case cries out for mediation What the dispute is about The estate of John Keeling Walker (d. 13 Jan 2002). Under his 2001 will, a life-interest “Rutland Trust” gave his widow Vicki...

When the Court orders a party to attend mediation

When Non-Parties Are Pulled Into Mediation: HHJ Paul Matthews’ Order in  Ivey v Lythgoe & Ors On 12 September 2025, in the Business and Property Courts at Bristol, His Honour Judge Paul Matthews handed down a judgment that is likely to be studied by both...

It’s Just a Fence!

When “Just a Fence” Becomes Financial Ruin: The Hidden Toll of Boundary Disputes Disagreements over property boundaries might seem trifling—mere inches apart or a misplaced hedge—but they can rapidly spiral into catastrophes. Legal fees, emotional strain, and the loss...

What do US/Russia peace talks teach us?

Neutral Venues & High-Stakes One-on-One Talks Donald Trump and Vladimir Putin met today—August 15, 2025—at Joint Base Elmendorf-Richardson near Anchorage, Alaska, in a one-on-one summit described as “game‑of‑chess” style diplomacy  . Alaska was likely chosen...

The Litigation Journey

Finding the Way Out: What the London Underground Can Teach Us About Litigation Once again, I’ve been inspired to write an article from a random sign I spotted on my travels. This time, it’s the humble “Way Out” sign on the London Underground. A simple, bright yellow...

An article about something else: Dick Turpin

Today I happened to visit the grave of Richard Turpin, or was it? 🕵️‍♂️  Was Dick Turpin Innocent? A Case of Mistaken Identity and Legal Convenience Dick Turpin is the ultimate poster boy for 18th-century villainy — a highwayman galloping through the night,...