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“Funny how obviously Claimant solicitors seem to think that awarding indemnity costs following a Trial win for their client against the backdrop of a FD Defence is appropriate and will benefit their client. Will the Claimant receive any of those costs? Of course he won't.”

You miss the point entirely.

The indemnity costs ensure that the claimant is entitled to recover the inevitably increased costs of challenging the FD defence:- with any doubt as to reasonableness resolves in the Claimant’s favour and without reference to proportionality. This is a fitting proposition where FD has failed. I’m sure you wouldn’t object to indemnity costs for the insurance company where FD was proven.

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