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04 September 2026
Issue: 8175 / Categories: Legal News , Costs , Procedure & practice , Dispute resolution , Media
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NLJ this week: The price of persistence

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Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’

Writing in NLJ this week, Masood Ahmed of the University of Leicester explains that the ruling turned not simply on defeat or failed allegations, but on how the litigation was conducted.

The claims were exceptionally broad and speculative; unreliable material remained central, while unpleaded, unsupported or abandoned allegations persisted as evidence developed. The claimants were ordered to pay £9.54m on account pending detailed assessment.

Ahmed says litigants should keep pleadings proportionate, review evidence at key stages and expressly withdraw allegations no longer pursued. Courts may tailor indemnity orders by time, issue or proportion, but interconnected misconduct can justify an order covering the whole case. Litigation strategy, he warns, must remain responsive.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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