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ADS Aerospace Limited -v- EMS Global Tracking Limited - Technology and Construction Court - Mr Justice Akenhead - [2012] EWHC 2904 (TCC)

Costs Sanction - an offer to enter into mediation was not unreasonably refused and no cost sanction was applied

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Subject
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.
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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