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COSTS: Giving up gracefully

03 June 2011  

Dick Warner looks at recent case law on awards of costs following discontinuance of proceedings

It is a general rule, well established in the hearts and minds of every practitioner, that the discontinuing claimant must pay the costs of the defendant. The rule is set out in r38.6(1) CPR:

Additional Info

  • Case(s) Referenced:

    Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC 3484 (Ch)

    Hoist UK Ltd v Reid Lifting Ltd [2010] EWHC 1922 (Ch)

    Mireskandari v The Law Society [2009] EWHC 2224 (Ch)

    R (Allbutt) v The Ministry of Defence & ors [2011] 1 Costs LR 1

    Walker v Walker [2005] EWCA Civ 247