header-logo header-logo

04 September 2026
Issue: 8175 / Categories: Legal News , Costs , Procedure & practice , Dispute resolution , Media
printer mail-detail

NLJ this week: The price of persistence

258061
© Getty images
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

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
back-to-top-scroll