Case Law
< back to case law < back to case lawEgan –v- Motor Services (Bath) Ltd [2007] EWCA Civ 1002
There was some forceful language in favour of mediation by May LJ in this case, which concerned an Audi TT 3.2 quattro which allegedly pulled to the left; it was camber sensitive. The claim was for £6,000; costs were £100,000. May LJ was disturbed:
"What I have found profoundly unsatisfactory... is the fact that the parties have between them spent in the region of £100,000 arguing over a claim which is worth about £6,000. In the florid language of the argument, I regarded them, one or other, if not both of them, as "completely cuckoo"... "This case cries out for mediation" should be the advice given [to both parties as early as possible]. Why? Because it is perfectly obvious what will happen. Feelings are running high, early positions are taken, positions become entrenched, the litigation bandwagon will roll on, experts are inevitably involved, and, before one knows it, there will be a two/three day trial and even, heaven help them, an appeal. And what benefit can mediation bring?
"It brings an air of reality to negotiations that, I accept, may well have taken place in this case, though, for obvious reasons, we have not sought to enquire into that at this stage. Mediation can do more for the parties than parties sitting at the same table but hearing it come from someone who is independent. At the time this dispute crystallised, the car was practically brand new. ...perhaps a replacement vehicle...Audi's good name intact and probably enhanced, but perhaps with each of them a little less wealthy. The cost of such mediation would be paltry by comparison with the costs that would mount from the moment of issue of the claim. In so many cases, and this is just another example of one, the best time to mediate is before the litigation begins. It is not a sign of weakness to suggest it. It is the hallmark of common sense. Mediation is a perfectly proper adjunct to litigation. The skills are now well developed. The results are astonishingly good.
"Try it more often."
And with those words, the court rose!