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However, Walton J presented a different perspective in Smith v Croft.(176)…
The decision in Smith v Croft received many criticisms because of the rejection of the indemnity costs order. It was held in the case that to accept an indemnity order it was necessary that the order should not be given until the court found that the case was well established. It should be stated that this more restrictive way to Wallersteiner’s orders was not supported by the court in the case of Faybird Group Ltd v Greenwood.(179)…
Consequently, it can be argued that the Companies Act should give the court more…
