Chat with us, powered by LiveChat

Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC) (28 May 2021)

Costs decision - consideration of refusal to mediate
View judgment

Claimants awarded £2000 damages on a claim of £3.7m  - and ordered to pay £500,000 in interim costs on an indemnity basis.  Consideration as to whether the defendant's decision not to participate in a full mediation  - they participated in a blind bidding - was unreasonable and therefore meant that they were not entitled to indemnity costs.  For more information on blind bidding see here.

More Cases

Case name
Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
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.
Find out more
Case name
Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
Find out more
Case name
Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
Find out more

accreditations & partnerships