TMO Renewables Ltd (In Liquidation) v Yeo & Ors [2022] EWCA Civ 1409

I cannot leave this case without observing that it is a great pity that the suggestion of a mediation was not taken up. Far from being a case for which mediation was not suitable, this was in my judgment just the kind of case where a skilled and independent mediator would have been able to help both parties to a realistic assessment of their prospects and to achieve a settlement. That would have benefited all parties. It would have avoided the trashing of the defendants' reputations which has occurred despite their success in resisting the claim. It would have forced the claimant to focus on the flaws in its case on causation and quantum and to adopt a more realistic approach to what was clearly a grossly exaggerated claim. It would have avoided for all parties the stress and expense of heavy commercial litigation and a lengthy trial. Instead, because none of the parties was prepared to be reasonable, they marched on with colours flying to the disaster which the trial proved to be for them all.