Practical Point
Refusing to mediate before seeing the expert evidence was not unreasonable where the claimant had never engaged with the workmanship case.
Consequence: None — usual order made, claimant to pay defendant's costs; 10% reduction on account
Judgment of Her Honour Judge Kelly (sitting as a Judge of the High Court).
Mediation sought by Claimant; refused by Defendant.
Authorities applied: Halsey.
Decided under the post-October 2024 CPR 44.2(5)(e). Court stressed that mediation is not the only or preferred form of ADR and that the defendant had engaged in other ADR and made offers.
Paragraphs: 3-8, 26-48, 85-87 · Read the judgment →
