How to argue proportionality for the receiving party.

Try and obtain an order for indemnity costs and you will avoid the argument. Think about making a very sensible Part 36 offer and if rejected and later accepted this may be grounds for an application for indemnity costs.

With standard costs then consider if there are good arguments based on the importance and complexity of the case. Prepare a narrative for Court which shows why it is that the case was complex and difficult, and set out the hurdles that the receiving party had to overcome.

Look at conduct of paying party at the pre-action stage and during the proceedings. Did that conduct generate further work?

Are there aspects of the case that can be characterised as wider factors for the purposes of CPR 44.3(5)(e)?

Tell the Court why the work involved in the litigation was more difficult for the Claimant than for the opponent, thereby undermining any comparison with the other side’s level of expenditure.

Advise the Court how a case that may have ended up turning on a narrow factual or legal point in fact required the lawyers to address a much wider range of issues.

Remember that proportionality is at the discretion of the Court, I have had cases when I have been successful on the point but also cases have been lost even in the same Court.

Hope this helps but feel free to message me on here for any help.

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