The High Court has disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation: Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm).

This decision highlights that a refusal to participate in ADR may have serious consequences for parties who prevail on the merits of a case, as well as for the losing party (as demonstrated by a number of recent High Court cases, as discussed here).

For more information see this post on our ADR Notes blog.