- What happens if a defendant to a claim gives the claimant the relief it seeks post-issue but without an admission of liability and the claimant therefore discontinues the claim?
CPR 38.6(1) sets out the general principle to be applied on discontinuance of a claim: ‘Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.’
In Nelson’s Yard Management Co v Eziefula [2013] EWCA Civ 235, [2013] CP Rep 29, [2013] All ER (D) 216 (Mar) Lord Justice Beatson stated, at [32]-[33], that: ‘… the mere fact that a claimant has got all or almost all he could reasonably hope to achieve from the proceedings has been said not to justify a claimant from relying on the avoidance of a trial which would be solely about liability to recover costs as justifying a departure from the default rule: see Lord Justice Patten
