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Telecom Centre (UK) Ltd v Thomas Sanderson Ltd (Early Neutral Evaluation) [2020] EWHC 368 (QB)

Use of Early Neutral Evaluation in the QBD

In a brief judgment, Master McCloud provided some guidance on how parties and judges could approach the ENE process in light of a lack of such guidance in the Queen’s Bench Guide.

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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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