SQE Daily.

Court's power to order ADR and costs consequences of refusing to engage (CPR 3.1(2)(o), 44.2(5)(e))

Fenwick Logistics Ltd is defending a £240,000 multi-track claim for breach of a warehousing contract brought by Orla Byrne Foods Ltd in the County Court. At the case management conference in June 2026 the claimant invites the court to direct mediation. Fenwick's managing director instructs its solicitor to oppose this, saying that Fenwick is confident of winning at trial and that, if it wins, the court will have to award it its costs whatever happens about mediation.

Which of the following best describes the position?

Choose one answer to see the reasoning.

  1. Dispute Resolution · FLK1No. 44

    Summary judgment: no real prospect and no other compelling reason for a trial (CPR 24.3 and 24.4)

    Which of the following best describes whether Brennan can obtain summary judgment?

  2. Dispute Resolution · FLK1No. 30

    Claimant fails to beat a defendant's Part 36 offer: costs consequences (CPR 36.17(1)(a) and (3))

    Which of the following best describes the order the court must make, unless it considers it unjust to do so?

  3. Dispute Resolution · FLK1No. L102

    Staying court proceedings brought in breach of an arbitration agreement (Arbitration Act 1996, s 9)

    What is the best advice to give Harlow?