Practical Point
Both sides met offers of mediation with caveats, but the claimants were primarily responsible for the failure to resolve the dispute by ADR.
Consequence: None — no order as to costs between the parties; Trustees' indemnity out of the trust fund confirmed
Judgment of Deputy Master Holden.
Mediation sought by Both sides at different stages; refused by Claimants (and, later, the Trustees).
Claimants alleged the Trustees had unreasonably refused to mediate; the allegation was reversed on the facts. Court declined to deprive the trustees of their indemnity, expressly leaving open whether a partial deprivation is available.
Paragraphs: 25-31 · Read the judgment →
