Where a claimant succeeded in his claim against a party, it was wrong to award costs against an insurer third party who had supported the defence where such costs exceeded the limit of liability under the financial limit of the indemnity. The insurer had been given conduct of the litigation, and only at a late stage informed the claimant of the limit on indemnity, and after the costs already exceeded that limit. Were these circumstances exceptional? No, the action of the insurers was not sufficiently self-motivated, and had been in good faith.
Citations:
Times 30-Mar-2000, Gazette 14-Apr-2000
Jurisdiction:
England and Wales
Costs, Professional Negligence, Insurance
Updated: 08 April 2022; Ref: scu.79510