The third defendant sought an order that the costs of the claim for an injunction against him, once it was discontinued on the second day of trial, should be assessed on an indemnity basis. Held: The order should be made. The power of the court under Rule 38.6 to ‘order otherwise’ clearly includes power, in … Continue reading Atlantic Bar and Grill Ltd v Posthouse Hotels Ltd: 2000
The claimant had been refused leave to bring judicial review. It then renewed its application before finally wthdrawing it. The court now considered liability for costs. Held: ‘There are particular reasons for the particular rules governing costs at the paper and oral permission stage in judicial review, which are reflected in the decision and principles … Continue reading Smoke Club Ltd, Regina (on The Application of) v Network Rail Infrastructure Ltd: Admn 29 Oct 2013
The claimants sought permission to discontinue, but with no order as to costs. . .
The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014