Sentences with phrase «with full indemnity costs»
If the matter fails to meet the test, the court should dismiss it with full indemnity costs awarded to the defendant.
http://www.canadianlawyermag.com/ Not exact matches
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 costs endorsement is consistent with earlier jurisprudence that provides a policyholder full indemnity costs where an insurer wrongfully denies its duty to defend, with respect to any application to enforce its rights, as well as for costs incurred defending the underlying action until the insurer assumes its defence obligations.
The Personal Insurance Co. [1] provides policyholders with a succinct reminder of the general rule that a policyholder is entitled to full indemnity costs where an insurer wrongfully denies its obligation to provide coverage.
[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.
«If it was self - evident that the offer made was merely a tactical step designed to secure the benefit of the incentives provided by the rule (eg an offer to settle for 99.9 % of the full value of the claim) I would agree with Jonathan Parker LJ [with whom both Tuckey and Schiemann LJJ dissented] that the Judge would have a discretion to refuse indemnity costs.»
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.
The costs decision deals with legal issues such as the «rare and exceptional instances» when full - indemnity costs may be provided.
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.