The plaintiffs obtained a judgment that was more favourable than a formal offer that had been made under the rules. The defendant sought to persuade the judge not to order indemnity costs on the basis that the plaintiffs’ pleaded case had been amended after the offer. His Honour found that the amendment did not significantly change the case that the defendant had to meet, and so ordered the defendant to pay the plaintiffs’ costs on the indemnity basis.
Michael May (with K Downes QC) appeared for the plaintiffs. Anthony Messina (with S Couper QC) appeared for the defendants.
The judgment can be read by clicking here