COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: “THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE”

Here we look at a case where the court made an order for indemnity costs.  The defendant had failed to engage fully in the litigation process and, importantly, failed to respond to the claimant's offer to mediate.  The Master was quite clear that an order for indemnity costs was appropriate. "this i...