KB-2021-000741 - [2025] EWHC 2257 (KB)

The reason why the judgment highlighted the conduct of Mr Benson in the witness box was because it was consistent with the allegations of his intimidatory conduct vis-à-vis the franchisees. The costs were not increased by the combative nature of Mr Benson's evidence. Whilst a significant part of his conduct in the witness box was overbearing, the Court does not consider that it takes the case outside the norm such as to merit an order for indemnity costs.

The Court will not make an order for indemnity costs in respect of the breach of the embargo. The costs are relatively small compared to the action as a whole. Further, I take into account the fact that Mr Benson was not trying to breach the embargo, and he showed contrition following the breach.