accreditations & partnerships
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Coulson J considered whether it would be wrong in principle not to lift a stay merely because of the claimants' conduct in a mediation. Claimants' counsel submitted that such conduct might be reflected in costs but that it would be erroneous in principle for that conduct to reflect on the claimants' substantive rights. Coulson J agreed that it would be unusual for a court to prevent a claimant who had acted badly in a mediation from pursuing his underlying substantive claim as a result. He noted that, more often than not, the court will have very little idea of what happened in a mediation because it will be covered by the 'without prejudice' tag.