C15

Prospective affecting provision: section inserted by Defamation (Amendment) Act 2026 (2/2026), s. 21, not commenced as of date of revision.

F43[34N. In awarding costs in respect of proceedings in respect of which the court issued an invitation under section 34M(1)(a), a court may, where it considers it just, have regard to—

(a) any unreasonable refusal or failure by a party to the proceedings to consider using a specified ADR procedure, and

(b) any unreasonable refusal or failure by a party to the proceedings to attend or engage in a specified ADR procedure.]