Persistent non-compliance with court orders, failure to engage with court processes, and failure to obtain legal representation despite repeated urgings constitutes gross procedural delinquency warranting indemnity costs. A 25% discount to professional fees plus a further 10% broad-brush discount is appropriate for ordinary costs periods, while a 5% discount to professional fees is appropriate for indemnity costs periods. There is no right to a costs assessment; the court retains discretion to make a gross sum costs order.
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