Costs and conduct – key decisions in 2026

The failed claim by Prince Harry and others against the Daily Mail has put legal costs on the front pages, the decision of Mr Justice Nicklin fundamentally driven by multiple findings of misconduct. This led to an award of indemnity costs for the entirety of the litigation. But it is by no means the only high-profile case just this summer to see indemnity costs awards, with both the father of Amy Winehouse and a failed bidder for the National Lottery also on the receiving end.

The judiciary today is not slow to penalise misconduct, whether it is in the form of aggressive correspondence, failure to abide by rules and orders or otherwise failing to act reasonably at every turn. The result is reflected in stinging costs sanctions.

Topics covered in this webinar include:

• Lessons from the Prince Harry, Winehouse and National Lottery actions
• The duty to grant reasonable requests
• The Denton guidance on secondary sanctions
• The scope of CPR 44.11
• Abuse of process and striking out
• How to avoid trouble