Indemnity basis

Digicel (St Lucia) Ltd (A company registered under the laws of St Lucia) and seven others v Cable & Wireless and five others [2010] EWHC 888 (Ch)

The claimant telecommunications companies alleged breach of statutory duty and conspiracy against the defendant companies. The claimants were new entrants to the telecommunications market in various Caribbean jurisdictions where the defendants held a monopoly. The claims were dismissed except for one claim in the Turks and Caicos Islands for which nominal damages were awarded. The defendants argued that they should receive all of their costs on the indemnity basis because the claimants had not complied with the Pre-Action Practice Direction; had courted widespread publicity for their allegations, which were serious, unwarranted and pursued to the end of the trial; the claims were weak and speculative and had been changed constantly; their disclosure and evidence were unsatisfactory and the quantum of the claim had been grossly exaggerated.