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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Refusal to mediate
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"

COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: “THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE”

June 22, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Mediation, Mediation & ADR, Members Content

Here we look at a case where the court made an order for indemnity costs.  The defendant had failed to engage fully in the litigation process and, importantly, failed to respond to the claimant’s offer to mediate.  The Master was…

COSTS BITES 377: SHOULD A  SUCCESSFUL DEFENDANT'S REFUSAL TO MEDIATE  LEAD TO IT LOSING ITS RIGHT TO RECOVER COSTS?

COSTS BITES 377: SHOULD A SUCCESSFUL DEFENDANT’S REFUSAL TO MEDIATE LEAD TO IT LOSING ITS RIGHT TO RECOVER COSTS?

April 20, 2026 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Costs, Mediation, Mediation & ADR, Members Content

Here we have a case where a claimant who lost a case at trial (and turned down an offer of £200,000) argued that there should be no order for costs.  That argument did not take it very far… “The Defendant’s…

COST BITES 340:  CLAIMANTS' CONDUCT,  FAILURE TO COMPLY WITH PRE-ACTION PROTOCOL AND EFFECTIVE REFUSAL TO MEDIATE LEADS TO NO ORDER FOR COSTS

COST BITES 340: CLAIMANTS’ CONDUCT, FAILURE TO COMPLY WITH PRE-ACTION PROTOCOL AND EFFECTIVE REFUSAL TO MEDIATE LEADS TO NO ORDER FOR COSTS

January 29, 2026 · by gexall · in Applications, Civil Procedure, Conduct, Costs, Mediation & ADR, Members Content

Here we have a case where the claimants were (largely) successful but the court made no order for costs between the parties. There were three major factors (i) the way in which the claimants conducted the action; (ii) the failure…

COST BITES 324: COURT REFUSES TO REDUCE SUCCESSFUL DEFENDANT'S COSTS BECAUSE OF REFUSAL TO ENGAGE IN MEDIATION

COST BITES 324: COURT REFUSES TO REDUCE SUCCESSFUL DEFENDANT’S COSTS BECAUSE OF REFUSAL TO ENGAGE IN MEDIATION

January 7, 2026 · by gexall · in Assessment of Costs, Civil Procedure, Conduct, Costs, Members Content

A party liable to pay the costs of a successful opponent is always keen to reduce that liability, not least by arguing that they should have a reduction in costs because of their opponent’s conduct. We see such an argument…

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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