The Supreme Court Costs Office

No.7 of 2002

Susan Dunnett v Railtrack Plc
22 February 2002
Court of Appeal (Brooke, Robert Walker and Sedley LJJ)

The claimant brought proceedings against the defendants for damages caused when one of her horses strayed onto the defendants' railway line. The defendant strongly disputed any liability, but did ultimately offer £2,500 in full and final settlement to get rid of the case. At first instance the Judge had suggested to the parties that they should refer the dispute to mediation, but the defendants refused to consider doing so.

The Court of Appeal in those circumstances held that even though the claimant failed, both at first instance and on appeal, she should not be ordered to pay the defendants' costs of the appeal, because they had unreasonably refused to consider the alternative remedy of mediation.