Costs

The court enjoyed a wide and generous discretion as to the award of costs. The Court of Appeal had declined to give guidance on the making of costs orders on an indemnity basis. An award of costs on an indemnity basis would only be appropriate where there was some conduct or circumstances which took the case out of the norm and in all relevant circumstances had to be taken into account. The abandonment of issues ought not to be discouraged by the award of indemnity costs where a concession was made.