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Swain Mason & Others -v- Mills & Reeve (a Firm) - Court of Appeal - [2012] EWCA Civ 498

Costs sanction- the defendant successfully defended a claim in negligence. Its refusal to mediate, on the grounds that the claimant’s case had been without merit, was held to be a reasonable refusal and no costs sanction was imposed.

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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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