Following a jury trial where the plaintiff's slip and fall claim was dismissed, the successful defendant sought costs on a partial and substantial indemnity scale.
The plaintiff argued that no costs should be awarded due to his serious injuries and limited ability to pay.
The court declined to award substantial indemnity costs, finding the case was not exceptional.
The court also rejected the argument for zero costs, noting insufficient evidence of impecuniosity.
Applying principles of proportionality and access to justice, the court reduced the defendant's claimed costs and fixed the award at $12,500.
