QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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ESTELLE MARIA CLARKE |
Claimant |
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- and - |
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COLIN MALTBY |
Defendant |
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William Featherby QC (instructed by Greenwoods Solicitors) for the Defendant
Hearing dates: 29 June 2010
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Crown Copyright ©
The Hon. Mr Justice Owen :
"32. ... there is an infinite variety of situations which can come before the courts and which justify the making of an indemnity order. It is because of that that I do not respond to Mr Davidson's submission that this court should give assistance to lower courts as to the circumstances where indemnity orders should be made and circumstances when they should not. In my judgment it is dangerous for the court to try and add to the requirements of the CPR which are not spelt out in the relevant parts of the CPR. This court can do no more than draw attention to the width of the discretion of the trial judge and re-emphasise the point that has already been made that, before an indemnity order can be made, there must be some conduct or some circumstance which takes the case out of the norm. That is the critical requirement. "