COST BITES 447 : SHOULD A DEFENDANT’S DERAILMENT OF AN EARLY NEUTRAL EVALUATION LEAD TO INDEMNITY COSTS ORDERS BEING MADE AGAINST IT?

Here we have an interesting judgment on the interaction between costs, pleadings and the court's encouragement of an ADR Process.  The claimant argued that a defendant's conduct lead to the adjournment, and eventual abandonment of an Early Neutral Evaluation ("ENE"). The claimant subsequently sought...