Indemnity costs Contract term required Helden v Strathmore Ltd [2011] EWCA Civ 542 On the question of costs in this case, the judge had been wrong to assume that all mortgagees are entitled to indemnity costs. While it is perfectly true that the majority of mortgages contractually provide that the mortgagee should be entitled to recover its costs of enforcing the mortgage on an indemnity basis, here the charge did not contain a provision entitling the mortgagee to recover its…
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