| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 234 (Dec) |
| Neutral Citation: | [2009] EWHC 3484 (Ch) |
| Court: | Chancery Division |
| Judge: | Nicholas Strauss QC sitting as a deputy judge of the High Court |
| Representation | Mark Platts-Mills QC and Gwilym Harbottle (instructed by MacGrath LLP) for the claimant. |
| Ian Mill QC and Jane Mulcahy (instructed by Forbes Anderson Free) for the first to third defendants. | |
| Peter Prescott QC and Stephen Bate (instructed by Swan Tunton LLP) for the fourth defendant. | |
| Judgment Dates: | 16 December 2009 |
Catchwords
Costs - Order for costs - Discretion - Discontinuance of action - Claimant discontinuing copyright infringement action - Whether court should depart from usual rule that discontinuing party should pay defendant's costs - Civil Procedure Rules 1998, .
The Case
Costs Order for costs. A deputy judge of the Chancery Division held that, in the circumstances of the instant case, the general rule in CPR Pt 38.6 applied and, accordingly, the claimant's application to the court to be relieved from the usual consequence in costs of discontinuing its action would be dismissed.
Practice Areas
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