Practical Point
Taking ten weeks to reject 26 proposed mediation dates was unacceptable and contributed to an award of indemnity costs.
Consequence: Indemnity costs of the appeal, interest at 2% over base, GBP 38,832 on account, and loss of any indemnity out of the estates or trust fund
Judgment of HHJ Paul Matthews (sitting as a Judge of the High Court).
Mediation sought by Respondents; refused by Appellant (Julian).
Authorities applied: Hosking v Apax Partners.
Chancery appeal from District Judge Wales. The mediation conduct was the first of seven factors relied on for indemnity costs, so it contributed to rather than alone caused the order.
Paragraphs: 13-16, 37-38 · Read the judgment →
