A defendant failing to beat a claimant's Part 36 offer faces mandatory enhanced costs consequences including indemnity costs and a 10% uplift, with only limited judicial discretion to disapply them.
costs
Indemnity costs ordered against defendant whose fraudulent asset concealment and systematic dishonesty throughout proceedings took conduct outside the norm.
CFA success fees and ATE insurance premiums are not incompatible with Article 6 ECHR, though the Supreme Court expressed concern about their proportionality.
International commercial dispute between Spanish and US entities, likely concerning telecommunications or technology services; doctrinal principle unclear from available information.
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