Failure to Negotiate

Mansfield (T/A Shop-Plan Shopfitters) v Wright (Unreported 17 July 2000 CA)

The claimants’ failure, following guidance giving at an adjourned hearing, to actively negotiate a settlement, together with taking into account the impact of the provisions governing legal aid, justified the judge in declining to award full costs to the claimants even though they had obtained judgment in their favour and the defendant’s counterclaim had been discontinued.