Indemnity costs

Zissis v Lukomski [2006] EWCA Civ 341

The district judge awarded costs on the indemnity basis on the ground that if parties litigate only as to costs, then it seemed to him that they must bear a greater risk that if they were unsuccessful they will be ordered to pay costs on the indemnity basis. In allowing an appeal against the order, the Court of Appeal held that there is no reason why parties litigating over costs alone should be at any greater risk of an award of indemnity costs than those litigating over other matters.