WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON “THE SAME WORKING DAY”? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE
We are returning to look again at the case considered in the previous post. This time honing in on the error that was made initially in relation to the time for service of a notice of discontinuance. The District Judge…
A FASCINATING AND IMPORTANT JUDGMENT: WHEN CAN A NOTICE BE SERVED BY EMAIL? AT WHAT TIME CAN IT BE SERVED? ALSO – SOMETHING ABOUT NOTICES OF DISCONTINUANCE AND QOCS
I have been sent a case that is important and interesting on many levels. Firstly in relation to when it is permissible to serve documents by email; secondly in relation to the latest time in the working day that documents…
I’VE DISCONTINUED AGAINST A DEFENDANT BUT I DON’T WANT TO PAY THEIR COSTS: HOW DO WE THINK THIS GOES?
There have been a number of cases recently where discontinuing parties have sought to escape the costs consequences that normally apply. We have such a case here. The judge considers the relevant rules and case law in detail. It is…
IF YOU DISCONTINUE AN ACTION THEN YOU’RE (NORMALLY) BE GOING TO PAYING THE COSTS: THE HIGH BURDEN IMPOSED IN AN APPEAL AGAINST A DECISION AS TO COSTS
Anyone attempting to appeal against an order for costs faces an uphill battle. This may be doubly so if the costs order is made presumptively because they have discontinued an action. Here we consider a case where the difficulties of…
COST BITES 185: VARYING THE AMOUNT PAYABLE AFTER A CLAIMANT DISCONTINUES: THE COURT CAN TAKE INTO ACCOUNT PRE-DISCONTINUANCE CONDUCT
In her very last judgment in the case of Elphicke v Times Media Ltd [2024] EWHC 2595 (KB) Master McCloud considered the question of whether it is possible for a court to take into account pre-discontinuance conduct when considering whether…
COST BITES 56: IF YOU DISCONTINUE AGAINST A DEFENDANT YOU HAVE TO PAY THE COSTS
In Lendlease Construction (Europe) Ltd v AECOM Ltd & Anor [2022] EWHC 2855 (TCC) Mrs Justice Joanna Smith held that a claimant that was discontinuing against one of the defendants in an action should pay the costs. There was no…
WHEN SOLICITORS APPLY TO COME OFF THE RECORD: THE RETAINER, DISCONTINUANCE AND CASE MANAGEMENT ISSUES CONSIDERED
Judgments in relation to applications to come off the record are rare. The issue was considered by Mr Justice Turner in Wilson & Ors v Bayer Pharma AG & Ors [2022] EWHC 670 (QB). The judge considered the application to…
YOU CAN’T QUIT – YOU’RE FIRED: JUDGE DISMISSES CLAIM RATHER THAN ALLOW CLAIMANTS TO DISCONTINUE
In Vale SA v Steinmetz & Ors [2022] EWHC 343 (Comm) Mr Justice Andrew Baker decided an unusual issue. Rather than allow claimants to discontinue the action he dismissed it. THE CASE The parties were part way through a trial,…
DEFENDANT’S CONDUCT LEADS TO NO ORDER FOR COSTS ON CLAIMANT’S DISCONTINUANCE: A DEED NOT SENT IN TIME
In Hewson v Wells & Ors [2020] EWHC 2722 (Ch) Master Clark varied the usual rule and made no order for costs following the claimant’s discontinuance. “In my judgment, the change in circumstances was brought about by unreasonable behaviour…
CLAIMANT DISCONTINUES – BUT NO ORDER FOR COSTS: THE PRINCIPLES CONSIDERED
In Sheinberg v Abdon & Ors [2019] EWHC 3220 (Ch) Master Clark decided that there should be no order for costs after a claimant discontinued his case. The conduct of the defendants was a highly relevant factor. “The amount involved…
DISCONTINUING CLAIMANT STILL HAS TO PAY DEFENDANT’S COSTS: CLAIMANT CANNOT PASS RISKS ON TO ANOTHER DEFENDANT
In BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) Mrs Justice Jefford refused the claimant’s application for an order that it should not have to pay the costs of a defendant it discontinued against. …
YOU’VE STARTED SO YOU’LL FINISH: MASTER SETS ASIDE NOTICE OF DISCONTINUANCE SERVED BY INSURER
In Advantage Insurance Co Ltd v Stoodley & Anor [2018] EWHC 2135 (QB) Master Davison set aside the claimant’s notice of discontinuance made after reading the defendant’s additional written submissions after a hearing. The notice of discontinuance was viewed as “tactical….
SHAMEFUL LETTERS, LATE DISCONTINUANCE, INDEMNITY COSTS (AND A REFUSAL TO MEDIATE HARDLY COUNTS): THE CLAIMANT WHO LOST SIGHT OF “ANY BASIC STANDARD OF DECENT & COMPASSIONATE BEHAVIOUR”
Earlier posts have looked at the issue of aggressive correspondence. Others have looked at the issues of conduct, refusal to mediate and questions relating to indemnity costs. I am grateful to David Turner QC for drawing my attention to a…
COSTS AFTER DISCONTINUANCE VARIED: CLAIMANT TO PAY INDEMNITY NOT STANDARD COSTS: TWO RIGHT FEET BROUGHT THE WRONG ACTION
When a claimant discontinues an action there is an automatic provision that the claimant pay the defendant’s costs (CPR 38.6). In Two Right Feet Ltd v National Westminster Bank Plc & Ors [2017] EWHC 1745 (Ch) Ms Sara Cockerill Q.C. made…
PREVIOUS COSTS ORDERS STAND EVEN AFTER DISCONTINUANCE: A HIGH COURT DECISION
In Dar Al Arkan Real Estate Company -v- Al Refai [2015] EWHC 1793 (Comm) Mr Justice Andrew Smith considered whether discontinuance of an action should have an effect on previous costs orders. THE CASE The claimants had agreed terms of…
CLAIMANT OBTAINED COSTS OF ACTION EVEN AFTER DISCONTINUANCE: WATCH THE WORDING OF CORRESPONDENCE
In Rokvic -v- Peacock [2014] EWHC 3729 (TC) the claimant obtained an order for costs against the defendant even though the claimant had discontinued the action. It is, if anything, a warning to be totally precise in wording when making offers and…
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