Following a trial in which the defendants successfully defended multiple claims including breach of contract, spoliation, unjust enrichment, and property-related torts, the court determined costs.
The defendants sought substantial indemnity costs and recovery of professional fees for several witnesses characterized as participating experts.
The court confirmed that participating experts may justify reasonable compensation where their expertise arises from involvement in the underlying events.
Applying Rules 49 and 57.01 of the Rules of Civil Procedure and principles of proportionality, the court awarded partial indemnity costs to the date of the defendants’ offer to settle and substantial indemnity costs thereafter.
