Manchester City may be dominant on the pitch, but in court, they were given a different kind of game plan, mediate or else. In DKH Retail & Others v City Football Group Ltd[1], the High Court ordered ompulsory mediation, forcing City Football Group (CFG) into settlement talks with fashion giant Superdry over a trademark dispute.
The Clash: Superdry vs. Super "Dry"
The row began when Superdry’s owners sued CFG, claiming that Asahi Super "Dry" 0.0% branding on Manchester City’s kit could mislead consumers into thinking the fashion label was involved. CFG insisted the branding was purely a beer sponsorship, but the legal battle escalated.
Superdry’s lawyers pushed for pre-trial mediation, arguing that settlement was possible. CFG resisted, preferring a full courtroom showdown. But Mr Justice Miles overruled them, enforcing mediation and sending a strong message, litigation isn’t the only way to settle disputes.
The Court’s Verdict: Mediation is No Longer Optional
Citing the landmark Churchill v Merthyr Tydfil Council[2] case, the judge confirmed that courts can and will force mediation, even when parties don’t want it. He dismissed CFG’s claim that it would be pointless, noting that mediation offers creative, commercial solutions, like adjusting the branding rather than facing an all-or-nothing ruling.
Final Whistle: Mediation Wins the Day
Despite their reluctance, CFG had no choice but to play ball, and just two months later, the case was settled.
Conclusion
This case reinforces a major shift in dispute resolution, as mediation is no longer just an option, it’s becoming a legal necessity. Courts are actively steering businesses away from costly litigation towards faster, more flexible settlements.
As mediation allows for creative solutions, preserves commercial relationships, avoids the unpredictability of a trial and saves money it makes perfect sense.
At Mediation Locator we strongly advocate the greater use of mediation and we’re delighted the Court has endorsed this. With 27 legally qualified and skilled mediators derived from our 11 partner law firms, offering national coverage and expertise across all sectors, with us you won’t get caught off-side or ever need VAR!
[1] [2024] EWHC 3231 (Ch)
[2] [2023] EWCA Civ 1416
Don’t wait… mediate.
Comments