“…ventual defeat of such claims can give rise to an order for indemnity costs. In Three Rivers District Council v The Governor and Company of the Bank of England [2006] EWHC 816 (Comm), at paragraph 25, Tomlinson J (as he then was) summarised the position:…”
“…Mr Berkley’s citation from the 2018 White Book can be traced back to what Tomlinson J (as he then was) said in Three Rivers District Council v. Bank of England [2006] EWHC 816 (Comm), [2006] 5 Costs LR 714 at para [25], where among a longer list he highlighted as a possible ground for indemnity costs –…”