Take a syndicate of lottery winners, most of whom work at the same factory. They're up $40M.
Take a disappointed member of a former, different syndicate also chiefly made up of workers from the same factory.
Our disappointed former member sues, seeking some of $40M, and loses. Having lost, a cost order is made against him.
The lottery winners (who also "won" the litigation) made a number of offers during the litigation, suggesting that they pay a small sum of money to settle the claim.
Having made offers to pay, and having to pay nothing after judgment is handed down, they sought their costs on the indemnity or solicitor / client basis.
They had to confront the Court's position that the offers might have been derisory.
