Indemnity basis

Balmoral Group Ltd v Borealis (UK) Ltd and others [2006] EWHC 2531 (Comm)

Justice does not demand that a resounding defeat should always carry with it an award of indemnity costs. The successful defendants contended that the claimant’s behaviour had been so unreasonable both before and during the proceedings, including the presentation of a grossly exaggerated claim, unreasonable failure to make efforts to settle and the character of the technical evidence adduced, that costs should be awarded on the indemnity basis.