C - Costs on the indemnity basis
20/3/24
NAVIGATOR EQUITIES LTD v DERIPASKA [2024] EWCA Civ 268
Contains a useful summary of the law of contempt [47]. On the facts, the judge had been entitled to conclude that a case of contempt had been proved to the criminal standard. The use of inappropriate of flamboyant language in an affidavit did not justify an award of costs on the indemnity basis [83].
11/6/20
BRAKE v GUY [2020] EWHC 1484 (Ch)
Evidence in a witness statement on an interim application cannot be disbelieved unless it is simply incredible [17]. Considers principles on which the court will order security for costs against an individual claimant under CPR 25.13(2)(g) because the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him [36]. During the hearing the defendant conceded the test was not satisfied, but the court would not have ordered security in any event. The defendant was therefore liable to pay the claimant’s costs but there was nothing sufficiently out of the norm to justify assessment on the indemnity basis [75].
1/6/20
DE SENA v NOTARO [2020] EWHC 1366 (Ch)
Considers principles regarding the award of costs on the indemnity basis [9], payment on account of costs [50], time for payment [60], and interest on costs [63].