Orientfield Holdings Limited -v- Bird & Bird LLP - Chancery Division - His Honour Judge Pelling QC (sitting as a Judge of the High Court) - [2015] EWHC 1963 (Ch)

Costs sanction - duty to mitigate costs by mediating at an early stage? - There may be such a duty but on the facts of this case, there was no such duty and no reduction in costs was ordered. The discussion is set out at some length in the decision.

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Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)

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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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Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)

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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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Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)

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Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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Orientfield Holdings Limited -v- Bird & Bird LLP - Chancery Division - His Honour Judge Pelling QC (sitting as a Judge of the High Court) - [2015] EWHC 1963 (Ch)

Costs sanction - duty to mitigate costs by mediating at an early stage? - There may be such a duty but on the facts of this case, there was no such duty and no reduction in costs was ordered. The discussion is set out at some length in the decision.

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