header-logo header-logo

Home Login E-newsletter About us
11 May 2020 / Jack Ridgway
Categories: Features , Profession , Costs
printer mail-detail

A tale of two defendants & a failure to engage

© Copyright LexisNexis 2026. All Rights Reserved.
Jack Ridgway provides a lesson in conduct
  • A strong defence is no defence to failing to engage in ADR.
  • Failing to comply with directions to engage in ADR or file a witness statement explaining why, are not a mere formality.
  • Indemnity costs are the appropriate sanction.

In the recent decisions of BXB v Watchtower and Bible Tract Society of Pennsylvania [2020] EWHC 656 (QB) and DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) the High Court ordered a part of the costs payable to the claimants to be paid on an indemnity basis.

The two cases are similar in key aspects:

  • Both claims were for historical sexual abuse for which, at trial, the defendants were found vicariously liable for the actions of their agent, servant, or employee.
  • Both claimants beat their own Pt 36 offers and were therefore entitled to indemnity costs from the expiry of their offers (CPR 36.17(4)(b)).
  • Both claimants sought the entirety of their
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Read All
NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
NLJ this week: Is it finally time to scrap Part III?
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
NLJ this week: Hereditary peers era finally comes to an end
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
NLJ this week: Courts tighten scrutiny of AI and public power
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
NLJ this week: Why handshake property deals rarely survive court
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
Copyright © 2026 LexisNexis
back-to-top-scroll