Sentences with phrase «awarded on an indemnity basis»

Costs can be awarded on the indemnity basis against third - party funders — Excalibur Ventures LLC v Texas Keystone Inc [2014] EWHC 3436.

The claim was dismissed with costs awarded on an indemnity basis.

Not exact matches

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

Justice Smith considered the success of Vigna at trial, which exceeded the numerous settlement offers, as well as the malice of Levant in his campaign against the Human Rights Commissions, to award costs on a substantial indemnity basis.

The court was asked to award costs both before and after the expiry of the relevant period on an indemnity basis.

In this case the extreme conduct of the Respondent merited an award of costs on an indemnity basis.

If the court does not wish to punish a party on the basis of full indemnity for costs, it may still award a certain percentage of special costs.

This led the arbitrator to award costs on an indemnity basis to the Claimant.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

Daboll wanted his costs paid on a full indemnity basis, asking Superior Court Justice Richard Lococo to award him $ 57,000, arguing that DeMarco unduly lengthened the trial.

Charles was also awarded $ 3,000 costs on a partial indemnity basis.

The claim was dismissed last autumn, with Lord Justice Christopher Clarke awarding the defendants costs on an indemnity basis in October, making four groups of third - party funders collectively liable for over # 23m.

The prospect of a full indemnity award should also encourage counsel to represent defendants on a contingency fee basis, where the defendants may otherwise not have sufficient means to retain counsel...

Limit on cross-examinations 7 (1) Subject to subsection (2), cross-examinations on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants (2) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interest of justice Costs on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

The court also awarded the plaintiff costs of just under $ 107,000, inclusive of disbursements and HST, calculated on a partial indemnity basis.

If a defendant is successful in having a libel action dismissed on this basis, there is a presumption of costs being awarded on a full indemnity basis, the statute says.

He added the case is «one of those rare, exceptional, or unusual cases where an award of costs on a full indemnity basis is warranted.»

The case of Various Claimants vs Mirror Group Newspapers is the latest high - profile case where indemnity costs have been awarded on this basis.

«It seems to me, therefore, that the defendant's conduct is unreasonable to a high degree and is such as to justify an award of costs on the indemnity basis.»

Following the jury's verdict, Justice Ramsay awarded the plaintiff costs on a substantial indemnity basis (a higher rate than usual) from the date of his offer to settle until the trial, along with costs on a partial indemnity basis (the usual rate) up until the offer, for a total of $ 140,000 plus HST.

In an award issued in December 2015 and clarified in March of 2016, Sir Philip criticised Essar's conduct and ordered it to pay Norscot's costs on an indemnity basis, including the sum of # 1.94 million, which Norscot owed to Woodsford pursuant to the litigation funding arrangement.

Security for costs had been posted in the amount of # 17.5 million (which would have been sufficient to cover costs on the standard basis) but the award of indemnity costs resulted in a shortfall of approximately # 4.8 million.

In awarding the plaintiff's costs on a substantial indemnity basis Master Short wrote: «I am not satisfied that this motion needed to be brought, nor that it ought to have been brought.»

In an award issued in December 2015 and clarified in March of this year, Sir Phillip criticised Essar's conduct and ordered it to pay Norscot's costs on an indemnity basis, including the sum of # 1.94 million, which Norscot owed to Woodsford pursuant to the litigation funding arrangement.

Although courts have discretion to award any amount in costs, the costs award is usually calculated on a «partial indemnity» basis, which works out to less than 50 % of the actual amount spent.

Where a claimant makes a Part 36 offer and the defendant does not accept it: If the claimant succeeds at trial and is awarded damages that are as much as or higher than the amount he offered, he may be awarded (a) interest of up to 10 % above base rate on damages, (b) costs on the indemnity basis, (c) interest on costs from the last date on which the defendant was able to accept the offer and (d) an additional amount of up to # 75,000 (CPR 36.17 (1)(b) and 36.17 (4)-RRB-.

An integral part of the courts» arsenal is the ability to award costs on the indemnity basis enshrined in CPR 44.4 (1)(b).

If the lawsuit is a SLAPP, then the plaintiff can be penalized and the defendant made whole by way of an award of costs on a full indemnity basis.

If the action is dismissed, the legislation provides for costs to be awarded on a full indemnity basis and allows the motion judge, if the court finds the action to have been brought in bad faith or for an improper purpose (i.e. a SLAPP), to order damages to be paid by the plaintiff to the defendant.

The appellant also appeals against that portion of the costs award that granted costs to the respondent on a substantial indemnity basis from the date of its offer to settle.

stubborn refusal to accept the Applicants» success set them on a path of deliberate and continual contempt that should attract a costs award on a substantial indemnity basis.