Case Law Database

Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.

Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.

Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

Whether decision to refuse mediation was unreasonable

Mr Justice Miles made at PTR what commentators widely describe as the first "Churchill Order" ordering the parties to mediation.

Court found that failure to respond to an invitation to mediation is, itself, unreasonable conduct. Failure to file a witness statement to explain their failure to mediate was also taken into account by the Court in increasing the proportion of costs to be paid by the unsuccessful party.

Judicial encouragement of mediation

Judge encouraging mediation in the context of a long running and expensive piece of litigation.

Criticism by court of appeal obiter of parties failure to mediate