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Re B (a child) (Unnecessary Private Law Applications) BS20F01075 / BS20P01076

Judge urges parties to settle their differences away from court, including by mediation

HHJ Wildblood QC examines the growing number of unwarranted interim private law hearings in the Family Courts and uses this judgment to urge parties (and their lawyers) to settle their differences away from court including by mediation.  He says:

"You should settle your differences (or those of your clients) away from court, except where that is not possible.  If you do bring unnecessary cases to this court, you will be criticised, and sanctions may be imposed upon you.  There are many other ways to settle disagreements, such as mediation".

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Case name
Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
Subject
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.
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Case name
Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Case name
Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
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