Wigg & Co - indemnity costs ordered against
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Indemnity Costs Ordered
Against Claimant for Failing to Write Letter Before Action
Phoenix Finance Limited -v- Federation
International L'automobile and Others (CH D TLR 27th June)
In ordering the Claimant to pay the Defendant's costs on the Indemnity
basis, the Vice Chancellor, Sir Andrew Morritt said that although the
Pre-Action Protocol applied to these proceedings, even before the CPR
then letters before action are required in all but exceptional cases.
The whole thrust of the CPR and, in particular, the overriding
objective, made it plain that a letter before action was at least as
necessary under the New Rules as under the old. If they are not written
and in the event of the claimant losing they may well pay indemnity
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