The Court ordered indemnity costs taxable immediately against plaintiffs whose claim had been permanently stayed as an abuse of process. Indemnity costs were warranted because the New Claim was fundamentally inconsistent with positions taken in earlier proceedings, the underlying facts were known but deliberately not disclosed for strategic reasons, and the claim was abusive from the outset. The Court declined to fix costs as a gross sum because the solicitors' invoices covered substantial unrelated work, redactions prevented confident attribution of line items to the relevant applications, and the invoicing format made fair assessment by the Court impracticable — a taxing officer was better placed to assess the costs. Immediate taxation was ordered because the proceeding would not conclude until the following year, the abuse of process applications were discrete from the broader proceeding, and the plaintiffs' conduct was unreasonable.
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