How high a hurdle must be cleared before a court will grant indemnity costs on the basis of unreasonable conduct? Writing in this week’s NLJ, Masood Ahmed, University of Leicester and Lal Akhter, Med Chambers, Leicester, tackle this important question.
Ahmed & Akhter look at the judicial approach to indemnity costs, briefly introducing a variety of caselaw examples while highlighting that each case will be determined on its own facts. What level of unreasonable conduct takes place, what efforts are made to negotiate, and what evidence is put forward?
They cover, in detail, a recent case (Evans v R&V) where ‘the decision provides an important reminder of the test that must be satisfied before a court will grant indemnity costs’.
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