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Frost, David -v- Wake Smith and Tofields Solicitors - Court of Appeal - [2013] EWCA Civ 1960

Settlement Agreement - solicitor had no duty to ensure that the mediation ended in an immediate binding agreement (as opposed to one which was subject to further negotiation and perfection at a later date) - the mediation process needs maximum flexibility.

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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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Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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