Indemnity costs orders—principles
Published by a LexisNexis Dispute Resolution expert
Practice notesIndemnity costs orders—principles
Published by a LexisNexis Dispute Resolution expert
Practice notesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare to a standard basis where any doubt is resolved in favour of the paying party, where costs are determined with any doubt as to whether the costs have been reasonably incurred or were reasonable in amount being resolved in favour of the receiving party (CPR 44.3(3)). It explains what this is and sets out the CPR guidance together with the approach the courts will take when exercising its wide discretion to indemnity costs and determining whether there are matters which take the case out of the norm (the critical requirement set out in the leading authority in the Court of Appeal decision in Excelsior Commercial & Industrial Holdings v Salisbury Hamer Aspden & Johnson), eg wide, disproportionate, premature or speculative claims, failure to engage with or be reasonable in settlement negotiations
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.