PGF II SA v OMFS Company and another company [2012] EWHC 83 (TCC), [2012] All ER (D) 35 (Feb)
It would be consistent with the policy that encouraged mediation by depriving a successful party of its costs in appropriate circumstances, that such a party ought also to be deprived of costs where there were real obstacles to mediation which might reasonably have been overcome, but which were not addressed because that party did not raise them at the time.
