Skip to main content
Home / News and Insights / News / Dragging your mediation heels will only risk cost sanctions
Bircham Dyson Bell (BDB) LLP and Pitmans LLP merged on 1 December 2018 to become BDB Pitmans LLP. More details can be found here
27 June 2017

Dragging your mediation heels will only risk cost sanctions

The Courts have, for some time now, actively encouraged parties to mediate or, where not possible, show that mediation has seriously been considered, by implementing costs sanctions for those who fail to do so.

The recent Court of Appeal case Thakkar v Patel is a reminder to litigants that the Courts expect parties to be proactive and engage constructively, fully exploring the potential for mediation.

The Court of Appeal dismissed the Defendant’s appeal against a costs sanction awarding the Claimant 75% of his costs of the claim, as the Defendant had agreed to mediate but “dragged his heels” when discussing the arrangements. The Court concluded that had mediation taken place, there would have been “real prospects of settlement”. The Defendant had delayed responding about arrangements for mediation and continually rejected proposed dates with “a variety of excuses” until ultimately the Claimant lost confidence and abandoned the process.

This case confirms that where mediation is appropriate, parties should engage constructively, including proactive cooperation in the arrangement of the mediation, or face the costs consequences.

Related Articles

London and Cambridge Offices

London Westminster
50 Broadway, London
SW1H 0BL

London City
107 Cheapside, London
EC2V 6DN

Cambridge
51 Hills Road, Cambridge
CB2 1NT

Reading and Southampton Offices

Reading, Castle Street
47 Castle Street Berkshire,
Reading RG1 7SR

Reading, The Anchorage
34 Bridge Street Berkshire,
Reading RG1 2LU

Southampton, The Avenue
46 The Avenue Southampton
Southampton SO17 1AX

Follow us

  • Pay my invoice
  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2019. 50 Broadway, London, SW1H 0BL - T +44 (0)345 222 9222