The hazards of litigation: a reprise - Swain Mason v Mills & Reeve

On 23 April the Court of Appeal handed down its judgment in the matter of Swain Mason v Mills & Reeve .

This litigation has followed a tortuous course, with the trial commencing three times and two trips to the Court of Appeal. Its progress to trial and the first instance judgment were the subject of an earlier briefing. The judgment clearly illustrates that Mills & Reeve was justified in rejecting a bad claim, which was based on hindsight. The court also agreed that Mills & Reeve should not have been penalised in costs for refusing to mediate.

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