DBE Energy Limited v Biogas Products Limited [2020] EWHC 1285 (TCC)

Costs decision - consideration as to whether successful party can recover costs of failed mediation from unsuccessful party.  C was found to have substantially won,  however D secured a 10% reduction in the standard basis costs payable by D because of C's conduct.  C also claimed costs of complying with the Pre-Action Protocol and of a "failed" pre-issue mediation.  The Judge found that C had not complied with the protocol and concluded that the circumstances weren't such that the "without prejudice" curtain of what had happened at the mediation could be drawn aside.