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Hall and Another –v- Pertemps Group Limited and Another– High Court, Chancery Division, Mr Justice Lewison - reported in The Times on 23 December 2005 or see [2005] ADR LR 11/01

Costs - without prejudice and Part 36 offer - see Mediation Update, January 2006 below.

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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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Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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