McMillan Williams v Range (2004)

This case involved a firm of solicitors suing a former employee for repayment of advance salary/ commission .

Miss Range won the case at the County Court but, on appeal by her former employers,  she lost. When permission was given to appeal, a recommendation was made to mediate, which both parties chose to ignore. The recommendation was made having regard to the dis-proportionality of the costs of the appeal to the amount at stake.

In the light of the recommendation to mediate and the parties' subsequent behaviour, no order was made as to the costs of the appeal. Thus both parties had to pay their own costs as a result of their failure to mediate. The legal position in Dunnett v Railtrack has thus been extended.

A full transcript of the case can be read at:


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