In this judgment Mr Justice Hodge considered the decision in Ferster v Ferster & Ors [2016] EWCA Civ 717 and whether communications between the parties in this case met the test of unambiguous impropriety so that privilege was lost.
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.