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Cable & Wireless PLC -v- IBM United Kingdom Limited - Mr Justice Colman - [2002] EWHC 2059 (Comm)

Agreement to mediate disputes - enforceability of agreement - adjournment of application until after mediation

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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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