Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm) (30 April 2021)

Application for summary judgment under CPR Part 24.  Defendant argued that by withholding judgment, the court could effectively bring pressure on the Claimants to mediate.  Counsel argued that judgment on the summary judgment application would not bring finality and therefore the issues between the parties would be ongoing.  Mediation would give the parties the opportunity to find a better solution.  Judge declined to withhold judgment on this basis: "However, withholding a judgment to which I have found that the Second and Third Claimants are otherwise entitled seems to me to cross the line from robust encouragement to undue pressure and I decline to do so." Instead the judge then concluded that she would stay execution of all judgments for a period to "allow the parties to undertake mediation or some other form of alternative dispute resolution and, in the case of the First Claimant’s claim, at least until trial of the remaining claims and cross-claims between the parties."