Indemnity costs: Presume nothing

Andrew Post QC and Imran Benson look at how there is no presumption in favour of indemnity costs on late acceptance of a Part 36 offer ‘The only way out of the fixed-costs regime in such a case is to argue under Part 45.29J that there are exceptional circumstances making it appropriate for the claimant …
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The Public Guardian v Matrix Deputies Ltd & anr [2018] WTLR 1387

Wills & Trusts Law Reports | Winter 2018 #170

This judgment concerned proceedings brought by the Public Guardian seeking (1) discharge of all appointments of Matrix Deputies Ltd (Matrix) and its employees DW and OM as property and affairs deputy; (2) the refusal of any pending applications; and (3) the appointment of either the local authority or a panel deputy instead.

There was ultimately no contested hearing in this matter. The appointments of OM and DW were discharged and they were discharged from proceedings with their consent. Matrix continued to contest the applications until a matter of days before the final hearing, ...