“…here are many cases in which the strength of one side’s position, or the flaws in the other side’s case, only become apparent at trial: Bank of Ireland v Watts [2017] EWHC 2472 (TCC), to which the judge referred, was just such a case. But that is a different point: in that case, the claims themselves could not be described as prospectively …”
“…[2017] EWHC 2472 (TCC) (at paragraphs 5 to 9) applied. One of those principles is that indemnity costs are appropriate where the conduct of a paying party is “unreasonable to a high …”