Exceptional costs orders

The conventional starting point is, of course, that the winner shall pay the loser. But identifying the winner is not always straightforward and, even then, there are various scenarios where the court may make a different order, both in favour of the winner (ie, indemnity costs) or against them or some other party. And when should solicitors be ordered to pay costs? The very recent decision in Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) looks in depth at whether a solicitor should be penalised for having acted for a profoundly dishonest client even after adverse evidence had been disclosed. This webinar will also consider:

• What is the test and threshold for ordering costs on the indemnity basis?
• When should funders be liable to pay up? Who counts as a ‘pure funder’?
• If you act knowing the client is penniless, should there be an order against you?