Stephen & Anor v Lewis & Anor, Re City Walls (RESTRICTIVE COVENANTS - Modification : Costs) [2018] UKUT 99 (LC)

In this case, the objectors to the modification of the covenants related to a property sought to rely on the alleged behaviour of the applicants during an unsuccessful mediation as a reason by which their position on costs should be followed by the Tribunal.  The Tribunal was quick to reject such a submission - any attempt to "lift the cloak of confidentiality" of what happened at a mediation without the other parties' consent was to be rejected.  This was not akin to a refusal to mediate and therefore could not be relied on as such in the course of cost negotiations.  See paragraph 71 of the decision.