Sentences with phrase «on an indemnity basis in»

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.

Not exact matches

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

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.

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.

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.

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).

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 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 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.

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.

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.

18 (1) For the purposes of subsection 5 (2) and section 15, in the case of a claim by one alleged wrongdoer against another for contribution and indemnity, the day on which the first alleged wrongdoer was served with the claim in respect of which contribution and indemnity is sought shall be deemed to be the day the act or omission on which that alleged wrongdoer's claim is based took place.

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..

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 arrangemenIn 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 arrangemenin 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 arrangemenin 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 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 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 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 millioIn 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 millioin 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 arrangemenIn 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 arrangemenin 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 arrangemenin 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.

The court ultimately granted the employee an indemnity equivalent to three (3) months of salary on the basis that he had failed to mitigate his damages and refused the employer's offer to reinstate him in his position.

In this «new wave» asbestos case, we cross-claimed on behalf of the distributor against radio manufacturers GE, RCA, Motorola, and Raytheon based on indemnity in contribution... breaking the traditional practice among asbestos defendants to unitIn this «new wave» asbestos case, we cross-claimed on behalf of the distributor against radio manufacturers GE, RCA, Motorola, and Raytheon based on indemnity in contribution... breaking the traditional practice among asbestos defendants to unitin contribution... breaking the traditional practice among asbestos defendants to unite.

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.

Thereafter, obtaining an order for sale of the Defendant's penthouse apartment in Knightsbridge and costs orders on an indemnity and standard basis.

The Court in Tetra Consulting v Continental Bank et al., 2015 ONSC 6546 recently responded to this employer tactic by ordering Continental Bank to pay costs on a substantial indemnity basis.

In a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnitIn a civil action in Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnitin Ontario, a formal offer to settle made under Rule 49 of the Rules of Civil Procedure can trigger costs consequences on a substantial indemnity basis, which is a much higher amount than partial indemnity.

Regulatory bodies should be aware, however, that where legal costs are recoverable on an indemnity basis, unless they have fixed some sort of per diem rate with respect to legal fees, a respondent may be entitled to review the legal bills in order to ensure reasonableness.

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

In the usual case, costs are ordered payable on a partial indemnity basis.

In the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafteIn the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements incurred) to the date on which the offer was made, in addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereaftein addition to costs on a substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements incurred) thereafter.

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 advise her that, based on all the evidence, you do not anticipate her company will recover more than $ 200,000 in damages plus partial indemnity costs.

Claimants argue that they should be compensated for those costs in full, or at least on a Solicitors Act 1974 or indemnity basis of assessment.

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.

Section 18 deems «the day on which the first alleged wrongdoer was served with the claim in respect of which contribution or indemnity is sought [to be] the day the act or omission on which the alleged wrongdoer's claim is based took place.»

In case your house has been insured on the basis of indemnity value, the sum insured + amount paid will be determined by deducting depreciation (on the basis of the age of the property) from the reinstatement value.

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.