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England and Wales Case Law

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Insurance law

Gatwick Investment Ltd and others v Liberty Mutual Insurance Europe SE; Bath Racecourse Company Ltd and others v Liberty Mutual Insurance Europe SE and others

The UK Supreme Court held that CJRS furlough payments must be deducted under business interruption savings clauses because they reduced expenses and were caused by the insured peril.

  • Business interruption insurance
  • Causation
  • Indemnity principle
  • Interpretation of insurance contracts
  • Collateral benefits
  • Business-interruption-insurance
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Civil procedure

Daniella Duffy v Birmingham City Council

The Court of Appeal held that failure to expressly certify compliance with the indemnity principle in a bill of costs is a procedural defect, not a nullity.

  • Default costs certificate
  • Detailed assessment
  • Indemnity principle
  • Cpr 47.6
  • Practice direction 47
  • Setting aside default costs certificate
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Civil procedure [2026] EWCA Civ 146

Duffy v Birmingham City Council

Duffy v Birmingham City Council [2026] EWCA Civ 146 (25 February 2026)

The Court of Appeal held that omission of an express indemnity-principle certificate in a bill of costs is a procedural defect, not a nullity.

  • Default costs certificate
  • Detailed assessment of costs
  • Indemnity principle
  • Procedural defects
  • Cpr 47.6
  • Cpr 47.12
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Costs

Gillian McGivern v MBR Acres Limited & Ors

The statutory framework does not provide for the disapplication of the indemnity principle in criminal legal aid, where it funds civil contempt proceedings. Costs recoverable by a legally aided party are limited to legal aid rates prescribed by the Criminal Legal Aid (Remuneration) Regulations 2013. The LAA's assessment is not binding, and retrospective private retainers cannot increase recoverable costs. The application for a Costs Capping Order fails as the criteria under CPR r 3.19(5) are not met.

  • Indemnity principle
  • Costs recovery
  • Legal aid rates
  • Civil vs criminal legal aid
  • Costs capping order
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Civil procedure

Bionome Technology Ltd v Dr John Clearwater

The applicant was properly served and had multiple opportunities to make representations regarding costs; failure to monitor the registered address and respond was the applicant's own fault. There was no evidence to rebut the presumption that the respondent was liable for costs, and no breach of the indemnity principle occurred. Relief from sanctions was not justified due to serious and unexplained delay.

  • Relief from sanctions
  • Costs assessment
  • Indemnity principle
  • Service of documents
  • Patent entitlement
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Criminal law

R (TM Eye Ltd) v Dean Hall

The court determined that the hourly rates historically awarded (£89 for investigative work and £32 for travel) were outdated and did not reflect inflation or the increased costs of business since 2015. Applying a broad-brush inflation adjustment of 20%, the court set the appropriate hourly rate for investigative and travel work at £107 per hour and for supervisory work at £142 per hour. The court rejected the Appellant's claim for a profit element, holding that section 17 is purely compensatory and does not permit profit recovery. The determination is limited to the two cases under appeal an…

  • Private prosecution costs
  • Assessment of costs
  • Compensatory principle
  • Market rates
  • Indemnity principle
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Criminal law [2026] EWHC 70 (SCCO)

TM Eye, R (On the Application Of) v Hall

TM Eye, R (On the Application Of) v Hall [2026] EWHC 70 (SCCO) (16 January 2026)

The court partly allowed TM Eye Ltd’s appeal on private prosecution costs, increasing certain hourly rates and holding that section 17 is compensatory, not profit-based.

  • Private prosecution costs
  • Assessment of costs
  • Compensatory principle
  • Hourly rates
  • Central funds
  • Indemnity principle
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Civil procedure [2025] EWHC 3518 (Ch)

Bionome Technology Ltd v Clearwater

Bionome Technology Ltd v Clearwater [2025] EWHC 3518 (Ch) (18 December 2025)

The High Court refused Bionome Technology Ltd’s attempt to set aside a costs order and obtain relief from sanctions, finding proper service and no indemnity-principle problem.

  • Relief from sanctions
  • Costs assessment
  • Indemnity principle
  • Patent entitlement
  • Service of documents
  • Costs-assessment
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Civil procedure

Paul Singh v EUI Ltd

Lords Solicitors LLP and the Claimant were responsible for repeated and serious breaches of the CPR and Practice Directions, including the manufacture and use of an inauthentic solicitor/client bill to mislead the court and the Third Defendant regarding the indemnity principle. This conduct was improper, unreasonable, and negligent, justifying a 50% reduction in the Claimant's assessed costs under CPR 44.11(2)(a) and an order that Lords bear the Third Defendant's additional costs incurred as a result of their conduct under CPR 44.11(2)(b) and CPR 46.8. No sanction was imposed on Ms Wills or M…

  • Detailed assessment of costs
  • Wasted costs
  • Sanctions for improper conduct
  • Indemnity principle
  • Certification of bills
  • Solicitor-client relationship
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Civil procedure

4VVV LTD & Ors v Nicholas Spence & Ors

Non-compliance with Regulation 13 does not render the retainer unenforceable; Claimants are entitled to costs recovery unless restricted by the Costs Sharing Order, which prevents Corporate Claimants from recovering costs on a joint liability basis.

  • Costs recovery
  • Indemnity principle
  • Consumer contract regulations
  • Joint and several liability
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.