Law digests: 21 November 2025

Costs

Dover Farm Developments Ltd v Lucas and others [2025] EWHC 2862 (KB)

The King’s Bench Division ruled on costs following a hearing where both parties’ applications were unsuccessful. The defendants’ strike-out application was dismissed, and the claimants’ application to amend their particulars of claim was refused because they had not provided a proper draft of the amendments. The claim was subsequently stayed and the parties engaged in a successful court-mediated settlement, with only the costs of the hearing remaining unresolved. Applying CPR 44.2, the court determined that while the general rule would make the defendants liable for the costs of the strike-out application and the claimants liable for the costs of the amendment application, several factors warranted consideration, including that both applications were heard together, the defendants later consented to amended particulars, and the hearing facilitated the eventual mediation. The court assessed the claimants’ recoverable costs at £4,597.44 and the defendants’ costs at £493.32, resulting in a net payment of £4,104.12 due from the defendants to the claimants.

Family proceedings

R (Children: Setting aside Hague return order) [2025] EWCA