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Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)

Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
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Costs decision following unsuccessful appeal by one sibling (claimant) against lower court's decision in favour of his siblings. Claimant's failure to respond properly to invitation to mediate resulted in indemnity costs against him. See paragraphs 13 - 18.

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Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
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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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Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
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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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