‘The purpose of the award of an enhanced rate of interest or indemnity costs is to encourage parties to make offers of settlement in the ordinary sense of that word. It is to compensate the claimant who has made an offer that should have been accepted for the risk of continuing with the action and to bring home to the defendant the risks being run by not accepting it.’
Judges:
Thomas J
Citations:
[2002] EWHC 253 (Comm), [2003] 1 Lloyd’s Rep 239
Links:
Jurisdiction:
England and Wales
Citing:
See also – East West Corporation v DKBS 1912 and Another ComC 7-Feb-2002
. .
Cited by:
See also – East West Corporation v DKBS 1912 and Another ComC 7-Feb-2002
. .
Appeal from – P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation CA 12-Feb-2003
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party.
Held: The shippers as the bank’s principals . .
Cited – DSN v Blackpool Football Club Ltd QBD 20-Mar-2020
Indemnity costs award on ADR refusal
The claimant succeeded in his claim for damages for historic sexual abuse, and recovered more than his rejected offer for settlement. He now claimed his costs on an indemnity basis.
Held: ‘It is correct that an order for indemnity costs means . .
Lists of cited by and citing cases may be incomplete.
Transport, Damages, Costs
Updated: 20 November 2022; Ref: scu.178914
