Citation: EWHC 1431 TCC, [2009] 5 Costs LR 787
Nature of case: This judgment concerned who should pay the costs of arising from a cancelled mediation. The court examined whether the mediation was part of the pre-action protocol process, whether the defendant was correct to pull out of the mediation, and whether, having been found to have wrongly pulled cancelled the mediation, costs should be assessed on an indemnity basis.