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Patel (R, on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 645

Encouragement to mediate - judicial review

Case of interest in that the Court of Appeal encouraged the parties to resolve their dispute through mediation.  This was despite the fact that this was a claim for judicial review of the decision to detain the Appellant at immigration on her arrival in the UK.  Such claims are often suggested to be unsuitable for mediation however the Court clearly thought otherwise.

More Cases

Subject
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.
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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