The indemnity principle is not displaced merely because a parent company pays the legal costs of its subsidiary companies. A strong presumption of retainer exists between a solicitor on the record and the party for whom they act, and the onus lies on the party challenging the retainer to prove that under no circumstances does the client have any liability to pay costs. An application for production of invoices and payment documents in costs proceedings requires an evidentiary foundation showing it is 'on the cards' that the documents will materially assist the applicant's case; absent such foundation, the application is a fishing expedition.
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