Following a four‑day family law trial in which the respondent obtained periodic and lump sum support, the successful party sought costs on a substantial indemnity basis.
The court held that, although the respondent was entitled to costs as the successful party, the circumstances did not justify substantial indemnity.
No settlement offers had been filed and the applicant’s conduct did not warrant the higher scale.
The court therefore awarded costs on a partial indemnity basis and accepted the respondent’s bill of costs as reflecting the time spent on the matter.