Following a successful motion by former counsel for a charging order over settlement funds, the court addressed the costs of that motion.
The former counsel sought substantial indemnity costs, arguing the plaintiff unreasonably opposed the charging order and complicated a straightforward motion.
The plaintiff argued its conduct was reasonable and that only modest costs should be awarded.
The court held that the plaintiff’s conduct did not warrant substantial indemnity costs but justified partial indemnity costs.
Costs were therefore fixed at $7,994.11 payable by the plaintiff to former counsel.