Tag Results

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute

The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”. Lord Justice David Richards said they face having to pay “well over £200,000” to cover their neighbour’s costs.

August 15th, 2017 | 1 Comment »

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs

An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis. Ageas Insurance appealed against the ruling at Liverpool County Court, but the appeal was rejected by the High Court.

May 9th, 2017 | No Comments »

NHSLA ordered to pay indemnity costs for surveillance video “ambush”

The NHS Litigation Authority has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated. Mr Justice Foskett said he understood why the claimant’s lawyers believed they were victims of a “deliberate ambush”.

May 16th, 2016 | No Comments »

Part 36 offer which did not reflect “available outcome” was valid

A part 36 offer which did not reflect an “available outcome of the litigation” was nonetheless valid, the High Court has ruled. Mr Justice Edwards-Stuart said the claimant’s offer could not be described as “all take and no give”.

February 10th, 2016 | No Comments »

NHSLA hit again with indemnity costs for refusing to mediate

The NHS Litigation Authority has once more been ordered to pay indemnity costs on assessment proceedings after rejecting an offer to mediate. Master Simons said “there should be a sanction” for unreasonably failing to mediate.

January 8th, 2016 | No Comments »

Metropolitan Police loses a third of its costs after failure to engage in ADR

The High Court has sliced a third from the costs of a defendant who won “on every substantive issue” because of failure to engage in alternative dispute resolution (ADR).

February 20th, 2015 | No Comments »

Judges at odds over relationship between budgeting and indemnity costs

The High Court is at odds over the relationship between budgeting and indemnity costs, after one judge expressly disagreed with the view of another that the costs management order should also be the starting point for an assessment of indemnity costs.

September 1st, 2014 | 1 Comment »

High Court fires post-Jackson indemnity costs warning

Behaviour that appears to undermine rather than promote the possibility of settlement will be punished, lawyers have been warned following a High Court ruling on indemnity costs.

July 9th, 2013 | Comments Off on High Court fires post-Jackson indemnity costs warning

Offers, interest and indemnity costs – it pays to do your homework

F & C Alternative Investments v Barthelemy & Anor [2012] EWCA Civ 843 is a further reminder of the need to ensure that any intended part 36 offer complies with the formal requirements in every way. It also raises some interesting points regarding indemnity costs.

July 26th, 2012 | 1 Comment »