Where indemnity costs have already been awarded at trial for delinquent conduct, the same conduct is too remote to justify a further award of indemnity costs on appeal. Calderbank offers made in earlier proceedings with express expiry dates do not have continuing operation in a subsequent appeal from a different proceeding involving different claims. The grant of leave to appeal on a principal ground demonstrates that the appeal was not hopeless and militates against an indemnity costs order.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.