header-logo header-logo

23 October 2019 / Winston Jacob , Toby Walker
Issue: 7861 / Categories: Features , Costs , Procedure & practice
printer mail-detail

To be (dis)continued…

9862
Winston Jacob & Toby Walker analyse the latest approach to costs on discontinuance
  • What happens if a defendant to a claim gives the claimant the relief it seeks post-issue but without an admission of liability and the claimant therefore discontinues the claim?

CPR 38.6(1) sets out the general principle to be applied on discontinuance of a claim: ‘Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.’

In Nelson’s Yard Management Co v Eziefula [2013] EWCA Civ 235, [2013] CP Rep 29, [2013] All ER (D) 216 (Mar) Lord Justice Beatson stated, at [32]-[33], that: ‘… the mere fact that a claimant has got all or almost all he could reasonably hope to achieve from the proceedings has been said not to justify a claimant from relying on the avoidance of a trial which would be solely about liability to recover costs as justifying

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll