| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 36 (Jul) |
| Court: | Chancery Division |
| Judge: | Pumfrey J |
| Representation | Richard Edwards (instructed by Stevens & Bolton, Guildford) for the claimant. |
| Simon Hattan (instructed by McDermott, Wills & Emery) for the defendants. | |
| Judgment Dates: | 4 July 2005 |
Catchwords
Costs - Order for costs - Indemnity costs - Conduct of parties - Whether conduct of defendants unreasonable - CPR 44.3(4)(a), SI 1998/3132.
The Case
Having regard to the lack of merit in the defence and the attitude exhibited by the defendants in the correspondence, the conduct of the defendants in relation to the instant proceedings had been unreasonable, within the meaning of CPR44.3(4)(a). In those circumstances, it was appropriate to order the defendants to pay the claimant's costs on the indemnity basis.
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