Jurisdiction(s):
United Kingdom

Indemnity costs refused: illustrative case law and common conduct not ‘out of the norm’ (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note sets out summaries of costs judgments where the court declined to order indemnity costs. It identifies the principal question determined in each matter and offers observations on the ruling. Every matter is fact-specific; accordingly, these decisions are intended only to illuminate the court’s approach and should not be treated as precedents for how the courts will proceed in any particular circumstance.

For examples of cases where indemnity costs were allowed, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles.

Indemnity costs refused

Case and citation: Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 (Comm)
Issue: Whether indemnity costs ought to be ordered against the defendant because the substance of its defence and counterclaim took the dispute outside the norm.
Comment: As to indemnity costs, it was observed that, considering the conduct of the proceedings overall, this was a hard-fought Commercial Court matter where both parties could, at points, have complaints from time to time about the...

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Web page updated on 21/05/2026

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