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Seeney, Philip and Seeney, Rosemary -v - Gleeson Developments Limited and M. J. Gleeson Group PLC- Technology and Construction Court - The Hon Mr Justice Coulson - [2015] EWHC 3244 (TCC)

Settlement Agreement - a mediator emailed what he believed were agreed settlement terms. One party argued there was no settlement on those terms. The Judge said: "... The courts should be very reluctant to undo agreements reached with or through the offices of a mediator, and should take a realistic, if not mildly sceptical, view of parties who seek to avoid the consequences of such an agreement months, if not years, down the line."

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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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