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PGF II SA -v- OMFS Company - Court of Appeal - [2013] EWCA Civ 1288

Costs Sanction - failure to reply to invitations to mediate will, as a general rule, of itself be unreasonable - decision at first instance (see January 2012) was upheld

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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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