Costs consequences of refusing to mediate—key and illustrative decisions
Costs consequences of refusing to mediate—key and illustrative decisions

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Costs consequences of refusing to mediate—key and illustrative decisions
  • Failure to engage in mediation or ADR process—costs penalty imposed
  • Failure to engage in mediation or ADR process—no costs penalty

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs penalties. For guidance on the principles the court will take into account in this respect, with particular reference to the decisions in Halsey v Milton Keynes and PGF II v OMFS, see Practice Note: Costs sanctions for refusal to mediate.

For a summary of decisions since Halsey:

  1. where a costs penalty was imposed—see below

  2. where a costs penalty was not imposed—see below

Failure to engage in mediation or ADR process—costs penalty imposed

Case details and analysis Issues considered
Burgess v Penny
26 July 2019
High Court, Business & Property Courts, Chancery Division
Burgess v Penny
[2019] EWHC 2034 (Ch)
This was a ‘highly contentious’ probate claim. In deciding what costs order to make, the judge noted that costs were in her discretion and that while the general rule is that costs follow the event, the court can make a different order (CPR 44.2(2)) and that the parties’ conduct may be relevant in the exercise of that discretion (CPR 44.2(4)). She considered that the defendants had been ‘unreasonable in their complete refusal to