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Hussain & Anor v Chowdhury & Ors [2020] EWHC 790 (Ch)

Part 8 claim stayed for parties to engage with mediation

Part 8 claim seeking permission to pursue charity proceedings under s.115(5) of the Charities Act 2011.  Judge stayed claim for 3 months for parties to engage in mediation with a professional mediator.

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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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