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England and Wales decisions
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The claimant's conduct, including failure to provide full and frank disclosure, delay in making the application, and not informing the court of material facts, was out of the norm and justifies an order for indemnity costs.
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The court ordered the costs of a failed Early Neutral Evaluation to be costs in the case, refusing indemnity costs and declining to shift costs of the costs application.
Costs orders must reflect both the outcome of the trial and the conduct of the parties in interim applications. Where a party is successful at trial, they are generally entitled to their costs unless conduct justifies a reduction. Indemnity costs are justified only where conduct is outside the norm. For interim applications, costs may be reserved to trial and determined in light of the overall outcome and conduct. Where interim relief is obtained but the claim fails, or vice versa, the court must balance justice and proportionality in allocating costs, including reductions for partial success…
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The High Court ordered the claimant in contempt proceedings to pay indemnity costs, ordered £215,000 on account, and refused permission to appeal.
The High Court ordered the special administrators to pay indemnity costs, refused recoupment from assets, and dealt separately with costs on a related delay claim.
Stephens & Anor v Firestone Financial Assets Ltd & Anor (Re Dolfin Financial (UK) Ltd) [2026] EWHC 957 (Ch) (24 April 2026)
The High Court held that the joint special administrators must bear costs personally, refused recoupment from company assets, and awarded indemnity costs on the main applications.
MJS Projects (March) Ltd v RPS Consulting Services Ltd [2026] EWHC 884 (TCC) (15 April 2026)
Costs judgment after a construction professional negligence trial. The court ordered the Claimant to pay costs on the standard basis and refused indemnity costs.
Costs judgment after dismissal of a professional negligence claim arising from construction works. The court ordered standard-basis costs, refused indemnity costs, and made an interim payment on account.
Claimants, acting as beneficiaries under section 71(3) Solicitors Act 1974, are responsible for the costs of the detailed assessment, including VAT, due to their conduct and statutory framework; costs are not to be borne by the estate.
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After discontinuance of a libel claim, the High Court ordered FCB to pay indemnity costs from 10 October 2023, but refused a non-party costs order against Andrew Gallagher.
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