A trial judge's duty to assist the costs judge should not be defeated by the potentially paying litigant offering to pay costs on an indemnity basis while reserving the right to argue that its opponent's expenditure of costs had been extravagant or unreasonable. The Bank of England was entitled to indemnity costs after the liquidators of a failed bank discontinued their claim for misfeasance in public office.

[2006] EWHC 816 (Comm)