W Portsmouth and Company Ltd v Lowin (Daughter and Executrix of the Estate of Lowin, Deceased)

Costs – Indemnity costs. In considering the relationship between CPR 47.15(5) and CPR 36.17(4), the judge had been wrong to conclude that there was a material conflict between costs assessed on the indemnity basis and costs assessed on that basis subject to a cap. Consequently the Court of Appeal, Civil Division, allowed the respondent company's appeal, deciding that there was nothing in any of the relevant rules to suggest that CPR 47.15(5) should be disapplied or modified in the case of an assessment of costs on the indemnity basis under CPR 36.17(4)(b).

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