Question 1 of 10

You have acted for the defendant in a multi-track personal injury claim arising from a road traffic accident. The defence was partially successful as the court found that the claimant was contributory negligent and damages of £60,000 were reduced by 25% to £45,000. When considering costs the court found that the claimant had acted unreasonably in failing to concede contributory negligence early in the proceedings where the evidence was overwhelming that the claimant was not wearing a seatbelt.The Judge ordered that the defendant pay 75% of the claimant’s costs of the claim to be assessed on the standard basis and also ordered that the defendant’s costs of proving contributory negligence should be paid by the claimant and assessed on the indemnity basis. Costs budgets show that the defendant’s estimated costs of proving contributory negligence are £5,000.Which of the following statements is the BEST ADVICE to give the defendant as to the enforceability of the costs order in their favour:-