The Claimants own the “SuperDry” clothing brand, and the Defendants have a football club (Manchester City) whose strip featured sponsorship from Asahi Super Dry beer. Shortly before trial the Claimants asked the Court to order the parties to mediate. Since October 2024 the Civil Procedure Rules have given the Court powers to order ADR (CPR 1.4, 3.2 and 29.2).

The Defendants strenuously resisted, arguing that there was no realistic prospect of success, and there was a point of law which needed judicial determination. Also, it was too late to go to mediation because both sides had spent hundreds of thousands of pounds in costs, just before an imminent trial.

The Judge dismissed these concerns, taking into account that the parties’ legal positions had been clearly crystallised through the pleadings and witness statements, which could make a settlement easier.  He went on to explain that “experience shows that bringing the parties together through mediation can overcome an entrenched reluctance of parties to negotiate, even where sincere."

Very unusually, there was a PS on this judgement, recording that two months later the parties notified the Court that they had settled their dispute, following the mediation!