FOIL Update – Part 36 and Indemnity Costs

Update
  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

Proceedings were commenced. The defendant made a Part 36 offer in the sum of £25,000 three weeks after the start of proceedings, which was not accepted.

Following the trial of preliminary issues, an earlier appeal to the Court of Appeal, numerous further interlocutory skirmishes and a 5-day trial, the judge concluded that the defendant had in fact provided very few services and had not been negligent in providing any of them. The claim failed in its entirety.

The defendant's costs were presented to the judge in the sum of £724,265 and she sought assessment on an indemnity basis. The claimants argued, and the trial judge agreed, that costs should be assessed on the standard basis.

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