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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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