Indemnity costs orders—illustrative decisions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Indemnity costs orders—illustrative decisions
  • Indemnity costs were ordered
  • Indemnity costs not ordered

Indemnity costs orders—illustrative decisions

This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main issue considered by the court is set out along with comments. Each case will turn on its own facts but there are numerous authorities on indemnity costs that illustrate the types of cases in which indemnity costs have been ordered in the basis that the conduct of the paying party had been or may have been regarded as falling outside the norm or the conduct was so unreasonable that it fell outside the norm. Accordingly, these judgments are only intended to provide an insight into the approach of the court, they should not be considered to provide any precedent as to the approach the courts will take in any given situation.

For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles.

Indemnity costs were ordered

Case and citationIssueComment
Manson-Smith and another v Arthurworrey (in his personal capacity and as executor of the estate of Primrose Catherine Arthurworrey) [2021] EWHC 2137 (QB) at para [73]Whether the conduct of the defendant was out of the norm.The judge considered this to be a clear case in which indemnity costs should be ordered:
—the defendant had repeatedly failed to comply with court orders
—the defendant had
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