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OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 - Chancellor, Kitchin and Floyd LJJ

Failure to mediate

Failure to mediate -  implications for interest payable when a Claimant's CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.  The Respondent's ignorance of the Part 36 offer made and its failure to engage in any settlement negotiations or mediation was highly relevant to the Court of Appeal's decision to impose the full 10% uplift of the enhanced rate of interest on the award in this case.

More Cases

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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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