Indemnity costs

Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd [2005] EWHC 2174 QBD (TCC); Lawtel 4 November

The claimant informed the defendant on the day of the trial that it was discontinuing its claim and accepted in accordance with CPR rule 38.6 that it had to pay the defendant’s costs. The defendant contended that the claimant’s conduct of the case had been so unreasonable that the court should award the defendant all its costs on the indemnity basis, alternatively on the indemnity basis from the time of exchange of witness statements, when it was apparent that the claimant’s claim was hopeless.