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Indemnity basis: Difference between revisions
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Derermination of costs on the "indemnity basis" means any doubt or disagreement as to the [[reasonableness]] of costs is the be awarded in favour of the recipient of the costs award. Strictly speaking this is litigation chat, but don’t be surprised to see trustees and custodians jamming it in to their security deeds. | Derermination of costs on the "indemnity basis" means any doubt or disagreement as to the [[reasonableness]] of costs is the be awarded in favour of the recipient of the costs award. Strictly speaking this is litigation chat, but don’t be surprised to see trustees and custodians jamming it in to their security deeds. | ||
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''Where the amount of costs is to be assessed on the [[indemnity basis]], the court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the receiving party.''}} | |||
Resist. | Resist. | ||
There is an alternative: the [[ | There is an alternative: the [[standard basis]] of cost determination. If you really must let incongruent civil procedure chat infuse your contracts, prefer that. | ||
[http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.3 Rule 44.3 of the Rules of Civil Procedure] | [http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.3 Rule 44.3 of the Rules of Civil Procedure] | ||