||All England Reporter
|| All ER (D) 152 (Dec)
|| EWHC 2968 (TCC)
||Queen's Bench Division, Technology and Construction Court
||The claimant did not appear and was not represented.
||Chantal-Aimee Doerries QC (instructed by Beachcroft LLP) for the defendant.
||20 November 2009
Costs - Order for costs - Interim Payment - Claimant commencing proceedings against defendant - Claimant insolvent - Claimant discontinuing proceedings - Defendant seeking interim payment on account of costs - Whether defendant entitled to interim payment - CPR 44.3(8).
Costs Order for costs. Applying established case law, Technology and Construction Court held that a defendant was entitled to an interim payment on account of its costs of defending an action which was discontinued by the claimant. Further, the defendant was entitled to be paid in full the costs incurred by a third party in being joined in the proceedings that had previously been reimbursed by the defendant.
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