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BXB v (1)Watch Tower and Bible Tract Society Of Pennsylvannia and (2) Trustees of the Barry Congregation of Jehovah's Witnesses [2020] EWHC 656 (QB)

Award of indemnity costs for unreasonable failure to engage in ADR

Court awarded successful Claimant her costs on the indemnity basis as a result of the Defendant's unreasonable failure to engage in ADR  - in this case a joint settlement meeting.  Includes a useful summary of the case law on failure to engage in ADR.

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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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