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Barkhuysen v Hamilton [2016] EWHC 3371 (QB)

Key areas: Basis of assessment; Indemnity Basis; party’s conduct; High Court

This was a ruling on costs issues arising from successful claims for false imprisonment, slander and harassment.

The Claimant was awarded 90% costs on the Indemnity Basis (other than costs relating to an adjourned hearing), and the Court gave numerous reasons.

Firstly, the Claimant beat his own Part 36 offer at trial, and so the Defendant was also ordered to pay an additional sum.

The Court also held that the Defendant’s allegations that led to the claim to be “false and malicious”; the Defendant threatened witnesses; and the Defendant “told a series of serious lies” while the proceedings were on-going.  The Court also held her conduct to be disproportionate.

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