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DSN v Blackpool Football Club Ltd (Rev 1) [2020] EWHC 670 (QB)

Indemnity costs ordered for failure to engage in ADR

The Court held that the the reasons given for refusing to engage in mediation were inadequate. They were, simply, and repeatedly, that the Defendant "continues to believe that it has a strong defence".  As the judge went on to say: "No defence, however strong, by itself justifies a failure to engage in any kind of alternative dispute resolution."

This judgment is mentioned by Charles Gordon in his article on court encouragement of ADR.

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

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