COST BITES 284: DEFECTIVE WITNESS STATEMENTS PLAY A PART IN A DECISION TO AWARD INDEMNITY COSTS: “DEPRIVING THE DEFENDANT OF THE USUAL RIGHT NOT TO PAY DISPROPORTIONATE COSTS, IS AN ENTIRELY PROPORTIONATE RESPONSE TO THE DEFENDANT’S CONDUCT OF THIS ACTION”

Here we look at a judgment where indemnity costs were awarded against an unsuccessful defendant.   As we shall see there were a number of factors in that decision.  However it is notable that, in both judgments, the judge commented on the defendant's failure to comply with CPR PD 57AC.  This was not...