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PRACTICE NOTES
This Practice Note contains details of costs judgments where the court has made an order for indemnity costs. The main issue considered by the court is set out along with comments about the decision. Each case will turn on its own facts which means that these judgments are only intended to provide an insight into the approach of the court and should therefore not be considered to provide any precedent as to the approach the courts will take in any given situation. For examples of cases where the court has refused to make an order for indemnity costs, see Practice Note: Indemnity costs refused—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs ordered Case and citation Issue Decision Baroness Lawrence of Clarendon OBE v Associated Newspapers Ltd [2026] EWHC 2207 (KB)News Analysis: Capping costs to be detailed assessed on the indemnity basis (Lawrence v Associated Newspapers) Whether the claimants’ pursuit of the litigation was outside of the norm. The judge considered that the claimant’s pursuit of the litigation
PRACTICE NOTES
This Practice Note contains details of costs judgments where the court had refused to make an order for indemnity costs. The main issue considered by the court is set out along with comments about the decision. Each case will turn on its own facts which means that these judgments are only intended to provide an insight into the approach of the court and should therefore not be considered to provide any precedent as to the approach the courts will take in any given situation. For examples of cases where an order for indemnity costs has been made, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs refused Case and citation Issue Comment Rodoy v Optical Express Ltd [2026] EWHC 1486 (KB) Whether the successful defendant should recover its costs on the indemnity basis following dismissal of the claimant's defamation claim. The court awarded costs on the standard basis only. Although the claimant was unsuccessful, her claim was not dishonest, totally without merit
PRACTICE NOTES
This Practice Note looks at when an indemnity covenant should be given in a transfer of land. What is an indemnity? An indemnity is a primary obligation and is an agreement by one party to bear the cost of certain losses or liabilities suffered by another party in certain circumstances. Transfers of land often contain a covenant by the buyer to indemnify the seller against any losses suffered as a result of a breach of covenant by the buyer. When is an indemnity covenant needed in a transfer? A transfer should include an indemnity covenant where, following completion, the seller will remain liable, or potentially liable, under covenants affecting the property. There are various situations where this might be the case. Property is subject to covenants A person who enters into a covenant regarding land will, when they come to sell the land, almost certainly require an indemnity from their purchaser in respect of that covenant. The purchaser and each successive owner of the land will then require a similar indemnity every time the property
PRECEDENTS
1 Deductions from payments and indemnity for tax deductions 1.1 [Subject to anything to the contrary in this Agreement,] the Company shall make all payments to the Shareholders [required under this Agreement] free and clear of all deductions or withholdings save as may be required by law. 1.2 If: 1.2.1 the Company makes a payment to a shareholder [under this Agreement] without deduction of income tax because it reasonably believes that the shareholder receiving the payment (the Relevant Shareholder) satisfies one of the conditions set out in chapter 8 or chapter 11 of Part 15 of the Income tax Act 2007 (as appropriate); and 1.2.2 the Company is liable to
PRECEDENTS
This deed of indemnity is made on [date] Parties 1 [beneficiaries] of [addresses] (the Beneficiaries) and 2 [trustees] of [addresses] (the Trustees) Background (A) The Trustees
PRACTICE NOTES
Importance of establishing indemnity In personal injury claims it is crucial to establish at an early stage whether the potential defendant had in place at the time of the accident or occurrence, an indemnity against damages and costs which might be awarded against them. Such an indemnity will usually have been provided under a policy of insurance. The obvious importance of establishing indemnity is that, for claimants, it ensures that the defendant is ‘good for the money’ and able to pay a judgment against them. This Practice Note is not confined to the strict definition of indemnity. In some personal injury cases, particularly road accident claims, the payment of damages and costs is sometimes secured from the insurer or body such as the Motor Insurers’ Bureau (MIB), by the operation of statute or regulations. Road accident claims Statutory background For the protection of victims of road accidents, section 143 of the Road Traffic Act 1988 (RTA 1988) provides that a person must not use (or cause or permit to be used) a motor vehicle
GLOSSARY
The initial commission on a regular premium contract is earned and paid evenly over the earnings period.
GLOSSARY
This is insurance specifically to cover liabilities trustees may incur for breach of trust, legal expenses, and other exposures.
GLOSSARY
A written agreement between the issuer of a bond and bondholders that specifies maturity date, interest rate, convertibility, and any other options.
NEWS
The Independent Anti-Slavery Commissioner (IASC) has published a futures analysis report examining emerging modern slavery and human trafficking (MSHT) threats in the UK through to 2036. The report states that referrals to the National Referral Mechanism reached a record 23,411 in 2025, representing a 22% increase from the previous year, with UK nationals now comprising the largest proportion of identified victims. Drawing on contributions from more than 50 organisations and lived experience advisory panels, the report identifies 21 existing, emerging and future threats across five thematic areas: global context, technology and finance, labour and livelihoods, exploitation and control and governance and safeguards. Key risks identified include global conflict, climate-induced displacement, artificial intelligence (AI)-enabled recruitment and coercion, online-enabled sexual exploitation, immigration and status-based exploitation, hidden-economy labour exploitation, gig economy exploitation, safeguarding and enforcement capacity constraints.
NEWS
The Independent Anti-Slavery Commissioner has published model legislative drafting proposing new UK forced labour legislation for adoption in the next King's Speech. The proposed legislation would introduce liability for organisations failing to prevent serious human rights harms where reasonable preventive measures have not been taken. It would grant government powers to ban products made with forced labour from entering the UK and restrict imports from high-risk regions. The Commissioner's report, published on 16 December 2025 in partnership with Omnia Strategy LLP and Unseen, identifies that the UK imports approximately £20bn worth of goods annually at risk of being produced through forced labour. The proposal aims to align UK law with international partners including the US and EU, which have introduced similar measures to prevent forced labour goods entering their markets.
GLOSSARY
The consultant jointly appointed by Authority, Project Co and sometimes the Senior Lender who will act independently in signing off completion of the project, certifying payments to the Construction Contractor and granting extensions of time or relief from termination.