[2008] EWCH 2003 (TCC), 31 July 2008. The case shows that the courts will penalise claimants who make exaggerated claims. In an appeal against a prior ruling (see L139642), a landlord claimed that its tenant failed to leave its premises in repair at the end of the lease and served a schedule of dilapidations claiming £500,000 in damages. The tenant replied that their surveyor, who had inspected the premises, found that exterior was in as good a condition as at the beginning of the lease, and questioned the claim. Following a meeting between the parties' surveyors, the landlord accepted that its claim was misconceived because the exterior of the property was not in disrepair and works it had undertaken to the interior were improvements that had superseded almost all of the previous dilapidations. The claim was settled for a trivial amount. The court had to decide who should pay the costs. Held: the landlord had to pay the costs on an indemnity basis. The court found that the claim made bore no relation to the true position and the tenant was the clear winner, and that the landlord had wrongly pursued an unsustainable claim.