Practical Point
Defendants never refused to mediate, and facing what they regarded as an unfounded claim it would have been reasonable to refuse.
Consequence: None — claimant to pay all costs on the indemnity basis; post-judgment costs on the standard basis
Judgment of Master Bowles (sitting in retirement).
Mediation sought by Defendants (mediation first proposed on their side); refused by Claimant (Andrew).
Authorities applied: Halsey; PGF II.
The claimant, not the defendants, declined the mediation, objecting to his brothers attending. Court applied the ADR Handbook categories of reasonable refusal, including an unfounded claim the defendant wishes to contest rather than buy off.
Paragraphs: 31, 74-107 · Read the judgment →
