COST BITES 420 : INDEMNITY COSTS AWARDED: “YOU SHOULD HAVE APPLIED TO STRIKE US OUT” OR “YOU COULD HAVE MADE A LOWER OFFER” ARE NOT AN ATTRACTIVE ARGUMENTS IN THIS CONTEXT

Here we look at some interesting arguments when claimants were attempting to avoid an award of indemnity costs.  The judge was not impressed by the submission that the defendant should have applied to strike the action out. He was equally unimpressed by the argument that the defendant should have ma...