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This decision will probably be reversed if appealed or will be overruled if it is addressed by the Court of Appeal as part of another case. Meanwhile claimants must do better than file an application saying "I want indemnity costs because they accepted late". More often than not it's poor conduct on the part of the defendant that leads to enlightenment at the 11th hour to accept. Get this in a witness statement exhibiting all relevant material and that way they'll be a much better chance of securing indemnity costs.

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