The High Court has ruled that the defendants should be liable for some of the plaintiff's costs arising from the adjournment of a trial, due to a late offer made by the defendants to consider the plaintiff for protection equivalent to the Witness Security Program. The adjournment was deemed necessary following the defendants' offer, which significantly altered the dispute between the parties. However, the court has reserved the determination of the specific costs to be awarded until the trial of the action, citing the inability to justly adjudicate on the precise costs thrown away at this stage.
Adjournment, Witness Security Program (WSP), confidential information, human intelligence source, costs application, thrown away costs, Legal Services Regulation Act 2015, assessment process, liability for costs, High Court, trial preparation, interlocutory application, Gilchrist order (anonymity order), section 168 of the 2015 Act, section 169(1) of the 2015 Act, Order 99 rule 2(3) RSC.