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Elliott Group Limited and Others -v- GECC UK and Others - Technology and Construction Court - Mr Justice Coulson - [2010] EWHC 409 (TCC)

Adjournment of trial - application for various reasons, including to permit time for mediation - application refused

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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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