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UK (England and Wales)

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Home > Country profiles > UK (England and Wales) > News > Detail

Costs penalties for delaying mediation

Friday, 26th January 2008

<p><font face="Trebuchet MS">The Technology and Construction Court has decided that a party who succeeds in litigation may still not recover some of their legal costs from the losing party if they unreasonably delayed a mediation.&nbsp;&nbsp; Although no such order was made on the facts of that case (<u><a href="" target="_blank"><u>Nigel Witham Ltd v Robert Smith and Jacqueline Isaacs (No. 2)</u></a></u></font><strong> </strong><span style="font-size: 11pt; color: #0f243e">[2008] EWHC 12 (TCC)</span>), the judge said that a successful party might be penalized in costs &ldquo;in an exceptional case&hellip;where there was a mediation but very late when its chances of success were very poor and &hellip; if it could be shown that the successful party unreasonably delayed in consenting to the mediation&rdquo;.</p>

Language: English

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