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Gore v Naheed [2017] EWCA Civ 369

Failure to mediate - implications for costs
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Court of Appeal upheld the lower court's decision that it was not unreasonable for the Claimant to have declined to mediate and therefore the lower court's decision to award the Claimant his costs of the claim was not open to challenge.

More Cases

Case name
Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
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.
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Case name
Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Case name
Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
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