In Tejani v Fitzroy Place Residential Ltd & Ors (Re Costs and Interest) [2022] EWHC 3153 (TCC) Ms Vernonique Buehrlen K.C. (sitting as a High Court Judge) declined an application that an unsuccessful claimant pay the defendants' costs on the indemnity basis. It is, however, a case that should ...
i don’t understand why indemnity costs didn’t flow from D beating its P36 Offer?
Because this is not an automatic order in the rules when a claimant does not beat a defendant’s offer. See CPR 36.17. Indemnity costs only apply, under the rules, when a defendant fails to beat a claimant’s offer.
Understood. Seems harsh. Thanks Gordon.