header-logo header-logo

Home Login E-newsletter About us
19 May 2011
Issue: 7466 / Categories: Case law , Law digest
printer mail-detail

Costs

© Copyright LexisNexis 2026. All Rights Reserved.

Barr and others v Biffa Waste Services Ltd (No 4) [2011] EWHC 1107 (TCC), [2011] All ER (D) 77 (May)

Unreasonable conduct “to a high degree” was necessary for an order for indemnity costs. An order for indemnity costs was appropriate only where “there was some conduct or some circumstance which took the case out of the norm”. The pursuit of claims which could be fairly described as “speculative, weak, opportunistic or thin” gave rise to a high risk that, if the claim failed, indemnity costs would be ordered.

A claimant’s refusal of a defendant’s Pt 36 offer which the claimant subsequently failed to beat might, subject to the court’s discretion, be determinative of his liability to pay indemnity costs. However, it should not be thought that it was generally appropriate to condemn in indemnity costs those who declined reasonable settlement offers.
 

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
NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
Read All
NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
Copyright © 2026 LexisNexis
back-to-top-scroll