Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd [2009] EWHC 274
A party can seek indemnity costs in only one of two ways: either because there is a presumption that such costs will apply (such as under CPR 36.14) or because he can demonstrate the necessary evidence of conduct etc pursuant to CPR 44.3.
The presumption as to indemnity costs in CPR 36.14 is not to be inferred into CPR 36.10 (where a Pt 36 offer made less than 21 days before the start of trial is accepted, or a Pt 36 offer is accepted after expiry of the relevant period). The court also rejected the alternative contention that a claimant who wishes to seek indemnity costs on the late acceptance of his Pt 36 offer can avoid making a case based on conduct by reference to CPR 44.3.
