Under s 40(2)(a) of the Defamation Act 2005, a successful plaintiff's failure on one or some issues at trial does not, without more, deprive them of indemnity costs where the defendant unreasonably failed to accept a settlement offer. The purpose of s 40(2) is to promote settlement, and that purpose would be undermined if partial failure on issues (especially those not occupying the bulk of the trial) required departure from the prima facie indemnity costs position. Where an appeal results in partial success for both parties, costs of the appeal may be apportioned to reflect the parties' respective success on discrete issues.
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