Indemnity costs awarded

A claimant’s offer to settle was rejected and after a long trial, the judgment was more advantageous to claimant than offer. The claimant appealed seeking indemnity costs. The Court of Appeal upheld the appeal, and said that the claimant was entitled to costs on an indemnity basis irrespective of whether the litigation should have been commenced. The court also ruled that the fact that the offer failed to comply with certain procedural requirements should be waived.