Indemnity Costs in UK Law
Leading Cases
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Kiam v MGN Ltd (No 2)
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Reid Minty v Taylor
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McPhilemy v Times Newspapers Ltd (No. 2)
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F & C Alternative Investments (Holdings) Ltd v Barthelemy and another (No 3)
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Ms Basia Lejonvarn v Mr Peter Burgess & Mrs Lynn Burgess
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But a defendant can seek an order for indemnity costs if he or she can show that, in all the circumstances of the case, the claimant's refusal to accept that offer was unreasonable such as to be “out of the norm”. Moreover, if the claimant's refusal to accept the offer comes against the background of a speculative, weak, opportunistic or thin claim, then an order for indemnity costs may very well be made.
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Legislation
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The Civil Procedure (Amendment) Rules 2013
... ... (a) in the heading to the Part, after “CASE” insert “AND COSTS”; ... (b) in the Table of Contents of the Part— ... (i) before the ... on the standard basis; or ... on the indemnity basis, ... but the court will not in either case allow costs which have ... ...
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Land Registration Act 2002
... ... (a) is liable to the other party for all the proper costs of and incidental to the retransfer, regrant or recreation of the legal ... (4) Indemnity for membersNo member of the land registry is to be liable in damages for ... ...
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Solicitors Act 1974
... ... the High Court may make such order as it thinks fit as to payment of costs ... (4B) The decision of the High Court on an appeal under subsection ... in solicitor’s practice, Compensation Fund and professional indemnity ... 35: Intervention in solicitor’s practice ... The powers conferred ... ...
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Civil Procedure Rules 1998
... ... PART 3: THE COURT'S CASE AND COSTS MANAGEMENT POWERS: Contents of this PartSECTION I – CASE MANAGEMENTThe ... 20.5Defendant’s additional claim for contribution or indemnity from another partyRule 20.6Procedure for making any other additional ... ...
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Books & Journal Articles
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Doubled indemnity: the costs of employers' liability insurance are spiralling in the UK as 'compensation culture' takes hold in this country. Well over 200,000 British firms are breaking the law because they can't afford the requisite cover. Cathy Hayward reports on how the government, businesses and the insurance industry are tackling the problem.
...After knocking back cocktails in a Soho bar for five hours, a twentysomething female professional wearing three-inch heels falls down the stairs on her way out and pulls a tendon in her ankle. Will she get a cab home, bandage up her foot and nurse he......
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New Carrots and Sticks: Proposals for Reform of CPR Part 36
Part 36 of the Civil Procedure Rules is an important component of English civil procedure's costs apportioning mechanism and its primary means of encouraging early settlement. Two changes to make P...... ... Secondly,the costs pro - tection given to a claimantthat betters its Part 36 o¡er at trial ^ indemnity costs assessment and enhanced interest ^ would apply to defendants’ ... ...
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Court castigates BCCI liquidators' claim against Bank of England
Purpose: The purpose of this paper is to describe how BCCI liquidators' claim against the Bank of England has been castigated. Design/methodology/approach: The paper outlines the facts surrounding...... ... The costs incurred by both sides in this litigation were estimated to be inexcess of ... basis but, if notagreed, to be assessed and paid on an “indemnity” basis which allows for fuller andmore substantial recovery, or as Mr ... ...
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Civil Procedure and the Lawyers—The Adversary System and the Decline of the Orality Principle
... ... The most important of these is the operation of the indemnity costs rule whereby, in general, losing parties pay the professional ... ...
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Law Firm Commentaries
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Professional Third Party Litigation Funders Held Liable for Indemnity Costs
The professional third party funders of a losing claimant were subject to a costs order on an indemnity basis as a result of, inter alia, the poor conduct of the claimant and its instructing solici...
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English High Court Holds Litigation Funders Liable for Indemnity Costs
The court’s decision will have wider significance for litigation funders, parties seeking funding, and their opponents. On 23 October, the English High Court handed down its judgment in Exca...
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Warning – a party who refused to accept an offer to mediate is penalised with indemnity costs for the entire proceedings!
In another clinical negligence action, the NHS Litigation Authority (NHSLA) has once more been ordered to pay indemnity costs on detailed assessment proceedings after rejecting a claimant’s offer t...
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Commercial Third Party Litigation Funders Exposed to Indemnity Costs in the UK
The UK Court of Appeal has held the funders of a losing claimant subject to a costs order on an indemnity basis as a result of the conduct of the claimant and its instructing solicitors. In Excalib...
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Forms
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Statement of costs (Financial remedy)
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Hourly rate claimed: £ ... Summary of costs statement ... Prescribed rates for ... publicly funded services ... Indemnity rate ... Total Section A (Box 7) ... Total Section B (Box 14) ... Total Section C (Box 21) ... Total Section D (Box 25) ... Total Section E (Box 26) ... ...
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Estimate of costs for a financial remedy hearing
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Disbursements (including VAT, if appropriate) ... incurred by current solicitors ... All counsel's fees (including VAT) ... Indemnity rate ... Add any private client costs previously incurred ... (in publicly funded cases only) ... Total of Section A ... Section B: to be completed ... ...
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Notice claiming contribution or indemnity against another defendant (rule 20.6)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... Take notice that the additional claimant (name) claims against you [to be indemnified against the claimant’s claim and costs of the claim] [or contribution to the extent of (proportion of claimant’s claim) of the claimant’s claim] [or the following remedy, namely (set ... ...
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Order for distribution of a Lloyd's Estate
Chancery forms, including claim forms and applications for orders.... ... (2) the costs of the Claimants of this application [either in the agreed sum of ... ... summary assessment) [or subject to a detailed assessment on the indemnity basis if not agreed by or on behalf of ... ...
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