The commencement of proceedings that have no chance of success justifies the court in considering indemnity costs, but the court retains an unfettered discretion. Where a self-represented litigant has not previously had the fatal defects in proceedings explained in judicial decisions, and the court is not satisfied the litigant acted in wilful disregard of clearly established law, standard costs rather than indemnity costs may be appropriate even where a warning letter was sent.
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