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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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UPDATE ON PREVIOUS POST: SUCCESSFUL DEFENDANT'S COSTS REDUCED BY 25% BECAUSE THEY REFUSED TO CONSIDER MEDIATION

UPDATE ON PREVIOUS POST: SUCCESSFUL DEFENDANT’S COSTS REDUCED BY 25% BECAUSE THEY REFUSED TO CONSIDER MEDIATION

June 3, 2024 · by gexall · in Applications, Costs, Mediation & ADR, Members Content

Following the previous post about the judgment of HHJ Mithani KC in Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC)   there is an interesting post about the subsequent decision of costs. This is on Linked In by…

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

May 24, 2017 · by gexall · in Appeals, Damages, Interest, Mediation, Mediation & ADR, Members Content

In  the judgment today Gore -v- Naheed [2017] EWCA 369 the Court of Appeal considered the issue of damages being awarded (when they had not been claimed) and where costs should lie when a party – reasonably – declined to…

A PARTY UNREASONABLY REFUSES TO MEDIATE BUT RECOVERS ALL ITS COSTS: WHY NORTHGROP GRUMMAN (2) IS ESSENTIAL READING

October 5, 2014 · by gexall · in Applications, Civil Procedure, Costs, Members Content

The question of costs liability following an “unreasonable” failure to mediate remain a developing area of law. This is an area with profound practical implications for litigators and their clients. That is why the decision of Mr Justice Ramsey in…

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