header-logo header-logo

04 September 2026
Issue: 8175 / Categories: Legal News , Costs , Procedure & practice , Dispute resolution , Media
printer mail-detail

NLJ this week: The price of persistence

258061
© Getty images
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’

Writing in NLJ this week, Masood Ahmed of the University of Leicester explains that the ruling turned not simply on defeat or failed allegations, but on how the litigation was conducted.

The claims were exceptionally broad and speculative; unreliable material remained central, while unpleaded, unsupported or abandoned allegations persisted as evidence developed. The claimants were ordered to pay £9.54m on account pending detailed assessment.

Ahmed says litigants should keep pleadings proportionate, review evidence at key stages and expressly withdraw allegations no longer pursued. Courts may tailor indemnity orders by time, issue or proportion, but interconnected misconduct can justify an order covering the whole case. Litigation strategy, he warns, must remain responsive.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll