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Partial indemnity

Partial indemnity

By Fiona Mullen


Partial indemnity is the reality for inter partes indemnity costs orders. Snapshot Ensure you obtain the best possible orders for recovery of your costs. Clarify the basis on which you will be seeking costs. If you are seeking costs on an indemnity basis and your cost agreement stipulates an hourly rate, then seek an order for costs to be paid in accordance with your cost agreement. Seek certification from the trial judge. Certification can be sought for counsel’s fees (including preparation), expert and medical fees for reports and attendances at court or any other disbursement. Manage your clients’ expectations in relation to the “shortfall” between solicitor own client costs and inter partes costs recovery, even when on an indemnity basis. Obtaining an inter partes indemnity cost order does not mean all your costs will be recovered from the paying party. In reality only a partial indemnity can be recovered on an inter partes basis.1 There are three basics of costs recovery as set out in the Supreme Court Rules:

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