The high profile case of noise nuisance against a developer in Fitzroy Square has seen yet another judgment published on whether Tejani should be required to pay costs on the indemnity basis.  The successful party in the claim presented nine grounds to persuade the Court he should, but ultimately the Court found that indemnity costs should only be awarded where the claim has been taken beyond the norm. The short judgement is a reminder of the high bar that must be reached to be awarded costs on an indemnity basis and the circumstances in which the bar will not be reached.