Sentences with phrase «indemnity costs against»

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

According to Master in Chambers S.L. Schulz, «If Alberta had maintained that claim I would have granted the double costs award sought, or ordered solicitor and own client indemnity costs against Ms. Greter.»

The Judge awarded indemnity costs against Sports Direct and ordered that it pay # 70,000 on account in 14 days.

[29] The legislature chose not to provide a specific cost consequence for an insurer's failure to participate in mediation, such as substantial indemnity costs against a losing defendant or deprivation of full costs of a winning defendant.

He dismissed the RSPCA's claim on construction and awarded indemnity costs against them.

Not exact matches

Such indemnity shall include payment from the Trust of the costs and expenses incurred by such Trustee Indemnified Party in defending itself against any claim or liability in its capacity as Trustee.

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.

In Hicks v. Hicks, 16 E.T.R. (2d) 179, Mr. Justice Shaw awarded full indemnity for costs against the defendant, as a result of his reprehensible conduct in exercising undue influence over his elderly mother.

For most claims against the NHS, damages and legal costs are paid from NHS funds directly, rather than any private insurance or indemnity scheme, so the cost of claims has a direct impact on the NHS budget.

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.

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

The bank's claims in deceit, conspiracy, dishonest assistance and knowing receipt (totalling about US$ 175 million) were upheld, and indemnity costs orders were made against the defendants.

The courts are increasingly awarding full indemnity for costs against parties who fail to prove such claims.

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.

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

A Run off PI policy will provide indemnity to cover the cost of defending any claim made against those insured under the policy and will reimburse the losses occurring should the claim be upheld against the insured parties.

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).

Edward Denehan successfully appealed to the Upper Tribunal (Lands Chamber) against a decision of the First Tier Tribunal refusing to allow a landlord to recover litigation costs against a tenant under an indemnity clause in a long lease in a case where the FTT had awarded the landlord part of its costs under rule 13 (1)(b) of the Tribunal Procedure (First - tier Tribunal)(Property Chamber) Rules 2013: 87 St George's Square Management Ltd v Michael Henry Anthony Whiteside [2016] UKUT 438 (LC).

(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;

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

As Justice Perell has noted, the idea that most class representatives are on the hook for adverse costs is a «fiction»; indemnities against such costs orders are routinely provided by class counsel or a third party funder.

The motion judge held that the repetition of these accusations, which had already been rejected in court, justified awarding costs against Mr. Best on a full indemnity scale.

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.

Costs were ordered against Mr. Best on a full indemnity basis.

The respondents sought their costs of the application on a substantial indemnity basis against Ms. Masgras personally.

Finally, in the odd case of Ferreira v. St. Mary's General Hospital, substantial indemnity costs were ordered against a lawyer who had unilaterally commenced legal proceedings, without instructions, in order to oppose the decision of her client's wife and next of kin to withdraw life support from her client.

The company's health insurance products consist of accidental injury insurance which provides benefits if insured is injured or dies from an accident; cancer insurance which assists in paying costs related to cancer treatment and recovery; critical illness insurance which offers lump - sum benefits upon the diagnosis of a critical illnesses, such as cancer, heart attack, stroke and kidney failure; heart / stroke insurance which pays indemnity benefits for a range of treatments, services and expenses in the event of a heart attack or stroke; hospital insurance which helps pay costs associated with hospital care, including emergency room visits; and Medicare supplement which protects against the expenses not paid by Medicare.

User shall indemnify and hold Exide Life and / or the Affiliates, as the case may be, including their officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which Exide Life may incur, sustain, suffer or is likely to suffer in connection with Exide Life or Affiliates» execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through payment gateway for any action taken or omitted to be taken by Exide Life and / or the Affiliates, its officers, employees or agents, on the instructions of the User.