Description
Unreasonable conduct and indemnity costs: The Defendant was ordered to pay indemnity costs to the Claimant owing to its unreasonable conduct during the litigation. The Claimant had made an application for summary judgment. This was dismissed on the basis that the defence case indicated that a trial would be justified. The Defendant then withdrew its defence. An application for indemnity costs was granted under CPR r. 44.3 (4) (a), the withdrawal of the defence constituted unreasonable behaviour.
