Practical Point
Silence in the face of an offer to mediate was itself unreasonable; breach of an order to explain a refusal compounded it.
Consequence: Costs recovery against Mr Singh increased from 70% to 75%
Lord Justice Lewison; Lord Justice Arnold; Lord Justice Phillips. Judgment given by Lord Justice Arnold.
Mediation sought by Claimant (Northamber); refused by Second Defendant (Mr Singh) and Third Defendant (IES).
Authorities applied: Halsey; PGF II; Gore v Naheed.
On appeal from His Honour Judge Rawlings sitting as a High Court Judge, Business and Property Courts in Birmingham, [2022] EWHC 3562 (Ch), 3 March 2023.
Judge below had refused any sanction; CoA held that was an error of principle but that a penalty does not follow automatically. IES costs order remitted for reconsideration.
Paragraphs: 98-107 · Read the judgment →
