Sentences with phrase «costs on the indemnity basis»

If you are the receiving party, do not forget that proportionality does not apply to costs on the indemnity basis.

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

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

The four month trial, which involved complex evidence from approximately 20 factual and 16 expert witnesses from the US, Switzerland and various jurisdictions in Asia, concluded with Mr Justice Cooke not only dismissing the entirety of SHI's $ 8 billion claim, but also ordering that SHI pay DB over $ 240 million and costs on an 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.

His Honour Judge Bird had found that the breaches were both serious and deliberate, but in view of the mitigation put forward on his behalf, he decided not to impose any penalty on Mr King Mason, but ordered that he should pay the Claimant's solicitor's costs on an indemnity 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.»

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.

In view of this deficit, Clarke LJ heard arguments as to whether non-party costs orders should be made against the funders pursuant to Section 51 (3) of the Senior Courts Act 1981, and concluded that they should all be jointly and severally liable to pay the defendants» costs on the indemnity basis (subject to the «Arkin cap» as further discussed below).

In view of the serious flaws in the conduct of the litigation, Clarke LJ ordered Excalibur to pay the defendants» costs on the indemnity basis, which amounted to approximately # 22.3 million.

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.

(d) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

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).

You'll be mowing the boss's lawn and doing his washing if you spout out «appeal allowed» as the lead lord justice of appeal announces that the appeal is unanimously dismissed with costs on the 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.

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.

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.

This ruling appears to be out of step with appellate authority which holds the costs borne by an insured to secure his or her right to a defence under an insurance policy should be paid on a full indemnity basis.

The insureds sought their costs on a full indemnity basis.

The new additional bonus will be on top of the defendant's existing liability in this situation to pay the claimant interest post - offer on the whole or part of damages of up to 10 % above base rate; indemnity costs post-offer (and indemnity costs trump the proportionality argument which will be runnable with a vengeance under the new regime); and interest on costs at up to 10 % above base rate.

[2] With respect to the costs of the costs of the coverage action, the plaintiffs sought costs on a full indemnity basis, rather than on the usual partial indemnity scale.

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.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity costs).

Significantly, subsection 137.1 (7) of the CJA provides that if a judge dismisses an action under s. 137.1, then the moving party is prima facie entitled to costs of both the motion and the proceeding on a full indemnity basis.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

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 circumstaCosts 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 circumstacosts 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.

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

If the plaintiff fails to satisfy the court as to the substantive merit of the plaintiff's case, the action should be dismissed with costs on a full indemnity basis.

A wasted costs order always involves criticism and thus will normally be on the 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 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.

Doing the best I can, therefore, and taking into account all that should be taken into account, but disregarding all that is not relevant, and making findings on the balance of possibilities, and taking one consideration with another, I come to the inevitable conclusion that this couple should remain locked together for the rest of their days, be debarred from ever setting foot inside a court again, and that their lawyers should personally pay to each other all costs incurred, on an indemnity basis and without limit.

University of East London Higher Education Corp v Barking and Dagenham London Borough Council and others (No 2)[2004] EWHC 2908 (Ch)-- confirming costs of local authorities on indemnity basis;

The corporation claimed full indemnity of its legal costs in the amount of $ 35,495 on the basis that the condominium declaration specifically provided that an owner would fully indemnify the corporation for any costs or damages resulting from an owner's act or omission.

The British Columbia legislation allowed defendants to bring an application, not less than 120 days before the trial date, to dismiss the lawsuit and recover their costs on a full indemnity basis.

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.

Thus, where a claim based on cybercrime (now a defined term under our policy) would otherwise be eligible for coverage (because it arises from a lawyer's delivery of professional services), it will be covered, but only up to a sublimit of $ 250,000, including defence, repair and indemnity costs together.

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.

A recent Grand Court of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach of a Cayman Islands exclusive jurisdiction (or similar) clause in a contract, that party faces the prospect of having to pay both the Cayman and foreign litigation costs of the counterparty on the indemnity basis..

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.»

Tess Cusipag and Balita defendants are also jointly and severally liable for the plaintiffs costs of these contempt proceedings on a full indemnity basis.»

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.