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Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)

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

The Third Defendant contended that the Claimant’s refusal to mediate between March and September 2023 should affect costs. The judge took a measured and pragmatic view. The Claimant was entitled to wait until meaningful disclosure had taken place. For months, the Third Defendant held key evidence yet declined early disclosure. Mediation at that stage would have been little more than guesswork. The judge found no unreasonable silence, no causative increase in costs and no basis for a conduct-based adjustment.

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