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Northrop Grumman Mission Systems Europe Limited -v- BAE Systems (Al Diriyah C4I) Limited - Technology and Construction Court - Mr Justice Ramsey - [2014] EWHC 3148 (TCC)

Costs Sanction - not applied - in circumstances where there was an unreasonable refusal to mediate but that was not the only consideration - there had been a without prejudice save as to costs offer that had to be balanced against the unreasonable refusal

More Cases

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

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