Sarah Robson Barrister
Key Point
Key Point
Defendant recovered indemnity costs because of C's unreasonable exit from Portal
Uppal v Daudia
DDJ Matthews, Leicester CC, 14th May 2012
The Claimant removed the claim from the Portal after the Defendant failed to reply to its second offer. The court confirmed that the Defendant only needs to make one offer in the Portal. Therefore the exit from the Portal was unreasonable.
As the Claimant had acted unreasonably, it followed that the Defendant was entitled to their costs of the Part 7 proceedings on an indemnity basis.