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Posts Tagged: Mediation

Thakkar Reminder to Mediate

Posted by on July 13th 2017 in Blog Posts

Thakkar Reminder to Mediate

Thakkar –v- Patel [2017] EWCA Civ 117; a reminder of the cost consequences where there is a failure to mediate

It is known that the courts have a wide discretion on what costs orders to make during proceedings and after trial. Ordinarily, the successful party will recover its costs, however as the recent case of Thakkar –v- Patel [2017] EWCA Civ 117 (‘Thakkar’) reiterates, the importance of Alternative Dispute Resolution (‘ADR’) should not be underestimated as in certain circumstances even an unjustified delay to engage in ADR can result in successful parties having a cost order made against them!

In 2013,...

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