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Emojevbe v Secretary of State for Transport [2017] EWCA Civ 934

Encouragement to mediate

Example of a case where the Court of Appeal, despite allowing the appellant's appeal, subsequently stayed the case for four months for the parties to engage in mediation.  The Court was of the view that the quantum put forward by the appellant as his claim for consequential damages was wholly unrealistic and that the parties should seriously consider mediation as a means by which to avoid incurring further costs and/or the risk of a costs order being made.

More Cases

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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