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
EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
Read All
NLJ this week: A cautionary tale of bankruptcy and digital promises
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
NLJ this week: Trade mark reality check for expanding brands
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
NLJ this week: Relocation battles demand more than good intentions
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
NLJ this week: Domestic abuse reform faces its hardest test
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
NLJ this week: Open justice push brings experts into the spotlight
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
Copyright © 2026 LexisNexis
back-to-top-scroll