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Watson Wyatt v Maxwell Batley, High Court, 14 November 2002

11 December 2002
The issues

Mediation

The facts

The Societe Internationale De Telecommunications Aeronautiques (SITA) had a dispute with Watson Wyatt over advice provided. Watson Wyatt in turn sued Maxwell Batley seeking a contribution to a settlement with SITA. Maxwell Batley won but Claimants applied to disallow part of Defendant’s costs on account of refusal to mediate.

The decision

Costs would not be disallowed. The request to mediate had been made in an effort to “dragoon, browbeat and bully” the Defendants into mediation with the aim of forcing the firm to contribute to a settlement with SITA. The way in which Watson Wyatt sought to press Maxwell Batley to join the mediation was “disagreeable and off-putting”.

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