This is a case of note when considering recovery of court costs in light of the proposed changes to the small claims track, which would mean any claim under £15,000 would result in no entitlement to costs.
“Following a judgment determining (largely in favour of the claimant) a number of issues arising from the termination of a contract, Ramsey J had to deal with costs of the proceedings. He decided to give effect to a clause in the contract that provided that the defendant should indemnify the claimant from and against all defence costs incurred by the claimant in connection with any dispute in which judgment was given in their favour. The decision demonstrates the value of these clauses.”
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