The case of Ali Ghaith v Indesit Company UK Ltd appears unremarkable. The judge dismissed a claim by an employee, who then appealed. The Court of Appeal overturned the original decision, proving again that going to court can be something of a lottery.
However, the Court of Appeal, added a postscript which is of interest to anyone considering litigation.
Lord Justice Longmore commented:
It is a great pity that Indesit did not pursue the option of mediation rightly encouraged by Toulson LJ when he gave permission to appeal. Mr Peebles informed us that it was not pursued because the costs had already exceeded the likely amount in issue. This is an inadequate response to this Court’s encouragement of mediation since a full day in this Court will inevitably result in a substantial increase in costs. … It is devoutly to be hoped that such mediation will mean Continue Reading