Sentences with phrase «on an indemnity basis»

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

The claim was dismissed with costs awarded 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.

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

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;

They successfully argued that those costs should be allowed on the indemnity basis because the defendant, Mirror Group Newspapers, had failed to respond to a suggestion of mediation.»

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..

The Court held that the funders were required to pay the defendants» costs on an indemnity basis even though the funders were not party to the misconduct that led to the award of indemnity costs against the claimant, Excalibur.

The recorder dismissed Mrs Khatoon's claim with costs on an indemnity basis assessed at # 2,666.

You can buy health insurance in India with fixed benefits or you can buy health insurance that works on 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 crucial question to be addressed by the judge is that posed in [old] CPR 36.21 (4): will it be unjust to award the claimant his costs on an indemnity basis?

The court struck out his claim for abuse of process, and ordered him to repay interim damages of # 125,000 and to pay the company's costs on the indemnity basis.

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

Pourghazi v Kamyab (Lawtel AC0143106) Acting for the claimant on a 4 day trial of fraudulent misrepresentation claims; the claim was successful and the defendant was ordered to pay # 1.3 m and 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;

instigate 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 your 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-.

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.

On the indemnity basis, all costs are allowed except those of an unreasonable amount or unreasonably incurred.

These riders always pay out on an indemnity basis, and they are usually activated when the insured becomes terminally ill, or is beset with a disability that is expected to last for the rest of his or her life.

As with many other forms of insurance, accelerated benefits can be paid either as reimbursements or on an indemnity basis, with the benefit going directly to the care providers or other parties requiring payment.

Long - term care insurance policies will pay benefits either on a per diem basis (a fixed benefit no matter what your costs) or on an indemnity basis (a portion of your actual expenses are reimbursed).