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Hotel Portfolio II UK Ltd (in liquidation) & Aird-Brown v Ruhan & Anr [2022] EWHC 3385 (Comm)

Judicial encouragement of mediation

Consideration of an apparent refusal to mediate in the context of the enforcement of a judgment - see paras 23 onwards.


 

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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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