- Court unscrambles costs position after issues are abandoned (AB v Ministry of Justice)
- Practical implications
- Division of costs
- Court details
Dispute Resolution analysis: the High Court has ordered a claimant to pay costs in relation to issues which he abandoned during the course of the pre-trial litigation. This effectively amounted to a ‘discontinuance’ of these parts of the claim. As such, pursuant to CPR 38.6, the claimant is liable for costs up until the date the opposing party is notified of the discontinuance or abandonment. In respect of the issues that remained at trial, the claimant succeeded ‘in large measure’ on these and the defendant was ordered to pay 100% of costs on a standard basis relating to them.
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