Here the judge felt that the pleaded case and the supporting evidence was never from the very outset going to stand up and so never had any prospect of success. Therefore indemnity costs were awarded from the time when the case began.
Full case details
London Fire & Emergency Planning Authority vs Meritor Light Vehicle Systems (UK) Ltd and Anr, 11 September 2003, Technology and Construction Court, HHJ Bowsher QC
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The general rule is that the "winner" of the litigation gets its reasonable legal costs. "Reasonable costs" means that it is rare to get all of one's costs. Furthermore, costs are assessed on either the "standard" or the "indemnity" basis. If costs are assessed on the indemnity then where there was an element of doubt about the reasonableness of the costs claimed, the court decides that point in favour of the party being paid. When costs are assessed on a standard basis, that element of doubt goes in favour of the paying party.