PT-2024-BRS-000056 - [2025] EWHC 2325 (Ch)

I turn now to consider whether, once the proceedings are consolidated, and the respondent has become a party, the respondent should be ordered to attend the mediation fixed for 17 October 2025. The respondent says that it is not opposed to mediation in principle, provided that it has enough time to investigate the position beforehand. The claimants however say that this is an old claim, and that the respondent has had plenty of time to consider its position.

In my judgment, however, I consider that it is one thing to have a general idea of a negligence claim against you, and yet another to have the details. The particulars of breach of duty, the question of causation of loss, and the details of the loss alleged are all important here, and certainly the second and third of these are matters within the knowledge of the claimants rather than that of the respondent. I do not think it is unreasonable for a person being invited to take part in a mediation on the basis that it will be invited to contribute substantively to a resolution to know, sufficiently in advance, exactly what is alleged against it, as well as what loss is said to flow from the conduct alleged.

Accordingly, I will order the claimants to file and serve their particulars of claim in the negligence proceedings by 4 pm on 17 September 2025. Although that is a comparatively short period, I consider that on the facts of this case it is feasible. Moreover, I consider that a month from receipt of those particulars before the mediation takes place is a sufficient time to prepare for it.

On that basis, I think it is open to me to order the respondent to participate in the mediation on 17 October. As to the merits of doing so, I consider that this tripartite litigation cries out for mediation. There is no new law involved, and the essential disputes of fact are both clear and not numerous. The important documents have already been disclosed. The value of the claims will quickly be exceeded by the costs of a trial. The best chance of resolving the matter will come earlier, when fewer costs have been incurred, compared to later. The risks for each party of going on with the litigation will be an important consideration at the mediation. Two of the three parties have already agreed to mediate, and the arrangements have been made. I will therefore order the respondent to attend and participate in the mediation on 17 October 2025. I will also stay the consolidated proceedings once the claimants have served and filed their particulars of claim, pending the mediation. If the mediation is unsuccessful, then the stay will be lifted, and the consolidated proceedings will continue in the usual way.