Costs on Discontinuance

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If you sue a number of Defendants but ultimately do not succeed against all Defendants, then it is worthwhile considering Nassif v Augusta Offshore Spa and Ors. 

The Judgment concerned the issue as to whether an Order that the First Defendant should pay the Claimant's costs of the claim ought to be treated as including the Claimant's costs incurred in pursuing claims against two other Defendants against whom he had discontinued a year or more before the final Costs Order. 

The Court decided that the words "the claim" and "this claim" in the Consent Order referred to the only "live" claim i.e., the claim against the First Defendant as at the date of settlement. 

The consequence of the decision is that where a Claimant discontinues against one of a number of Defendants consideration may need to be given by the Claimant as to whether an application needs to be made for a more specific Costs Order (e.g., an Order that the remaining Defendant pay the Claimant's costs in pursuing a claim against the Defendants who are being discontinued against) unless it is intended that the Claimant will pay his or her own costs referrable to the discontinued claims.

If you would like a word about this, or indeed about any costs issues, please do not hesitate to contact me.

Andrew

A Neat Legal Services
Law Costs Draftsmen and Legal Costs Consultants.