Indemnity Costs in UK Law
-
Kiam v MGN Ltd (No 2)
“
I for my part, understand the Court there to have been deciding no more than that conduct, albeit falling short of misconduct deserving of moral condemnation, can be so unreasonable as to justify an order for indemnity costs. To my mind, however, such conduct would need to be unreasonable to a high degree; unreasonable in this context certainly does not mean merely wrong or misguided in hindsight.
-
Reid Minty v Taylor
“
If costs are awarded on an indemnity basis, in many cases there will be some implicit expression of disapproval of the way in which the litigation has been conducted, But I do not think that this will necessarily be so in every case.
-
Balmoral Group Ltd (Claimant) (1) Borealis (UK) Ltd (Defendants) (2) Borealis as and Another
“
The discretion is a wide one to be determined in the light of all the circumstances of the case. To award costs against an unsuccessful party on an indemnity scale is a departure from the norm. There must, therefore, be something – whether it be the conduct of the claimant or the circumstances of the case – which takes the case outside the norm. It is not necessary that the claimant should be guilty of dishonesty or moral blame.
-
McPhilemy v Times Newspapers Ltd (No. 2)
“
It is plain, as Lord Woolf, Master of the Rolls, pointed out in the Petrotrade case, that paragraphs (2) and (3) of CPR 36.21 – in conjunction with paragraph (4) – are intended to provide an incentive to a claimant to make a Part 36 offer. The incentive is that a claimant who has made a Part 36 offer (which is not accepted) and who succeeds at trial in beating his own offer stands to receive more than he would have received if he had not made the offer.
-
Peter Kellie and Another v Wheatley & Lloyd Architects Ltd
“
As the passages set out in paragraph 14 above make clear, costs management orders are designed to set out the probable limits of the costs that will be proportionately incurred. I accept, of course, that a party seeking to recover disproportionate costs on an assessment on the indemnity basis is required to show that those costs were reasonably incurred; though that requirement is subject to the provisions of r. 44.3(3).
-
Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd
“
Secondly, this would provide the benefits of both consistency and certainty. There is a concern that, if an order for indemnity costs allows a receiving party to ignore the costs management order, then that will encourage successful parties to argue for indemnity costs every time. That would be unfortunate, and would leave an unacceptable doubt hanging over even approved costs budgets, all the way through to judgment and beyond.
-
Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hamer Aspden & Johnson
“
I take those two examples only for the purpose of illustrating the fact that there is an infinite variety of situations which can come before the courts and which justify the making of an indemnity order. This court can do no more than draw attention to the width of the discretion of the trial judge and re-emphasise the point that has already been made that, before an indemnity order can be made, there must be some conduct or some circumstance which takes the case out of the norm.
-
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 ... ...
-
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 ... ...
-
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 ... ...
-
Civil Procedure Rules 1998
... ... court must have regard to—(a) the amount in dispute; and(b) the costs which the parties have incurred or which they may incur ... (6A) Where a ... the claimantRule 20.5Defendant’s claim for contribution or indemnity from co-defendantRule 20.6Procedure for making any other Part 20 claimRule ... ...
-
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......
-
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’ ... ...
-
Review: Procedure, Penalties and Orders in Magistrates' Courts
... ... appeal, however, the Divisional Court allowed the appeal with costs, holding that the magistrates' interpretation of section 22(2) was ... information on the protection of constables and their indemnity against costs. The criminal statistics show that some 98 % of all ... ...
-
Review: Paley on Summary Convictions
... ... appeal, however, the Divisional Court allowed the appeal with costs, holding that the magistrates' interpretation of section 22(2) was ... information on the protection of constables and their indemnity against costs. The criminal statistics show that some 98 % of all ... ...
-
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...
-
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...
-
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...
-
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...
-
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) ... ...
-
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 ... ...
-
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 ... ...
-
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 ... ...