Indemnity Costs and Hindsight

In a recent case before the High Court, it was concluded that the Court should “avoid the dangers of hindsight” when considering indemnity costs. In this case the successful party sought indemnity costs against the losing party on the basis that the claim was “unreasonable, hopeless and never should have been brought”. The Court however determined that the bringing of the case could be justified and losing parties should not be punished without good cause.  To read more, please Click Here.