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The court awarded partial indemnity costs to the defendant following the dismissal of a long-delayed personal injury action but declined to order costs against the plaintiff's counsel personally.
This decision concerns the allocation of costs following the dismissal of a claim in a long-running personal injury action.
The court addresses the entitlement to costs between the parties, the impact of delay and procedural history, and whether costs should be awarded personally against counsel.
The court ultimately awards partial indemnity costs to the defendant, Terrence John Brake, but declines to order costs against the plaintiff's lawyers personally.
