Ashany & Anor v Eco-Bat Technologies Ltd

The Master correctly applied the default rule under CPR 38.6(1) and only departed from it where justified by unreasonable conduct, except for the final ten-day period where the default rule should not have been disapplied. The defendant is entitled to its costs for the entire fourth period up to discontinuance.

Parties: Claimant/respondent: Eran Ashany; Claimant/respondent: Timothy Brog; Defendant/appellant: Eco-Bat Technologies Limited
Jurisdiction: England and Wales
Judgment Date: 14 May 2018
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division) on Costs Order After Discontinuance
Outcome: Appeal allowed in part, dismissed in part
Legal Topics: Costs on Discontinuance, Exercise of Judicial Discretion, Default Rule Under CPR 38.6, Unreasonable Conduct and Costs, Variation of Costs Orders

Civil Procedure Company Law Costs on Discontinuance Exercise of Judicial Discretion Default Rule Under CPR 38.6 Unreasonable Conduct and Costs Variation of Costs Orders

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Parties

Eran Ashany

Claimant/respondent

Timothy Brog

Claimant/respondent

Eco-Bat Technologies Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) on Costs Order After Discontinuance

Legal Issues

1 Whether the Master failed to apply the default rule as to costs on discontinuance under CPR 38.6(1)
2 Whether the Master's conclusions on costs were outside the ambit of her discretion

Ratio Decidendi

Court Disposition

Appeal allowed in part, dismissed in part

Orders

Master’s order varied: defendant entitled to its costs up to close of business on 24 July 2015 (entire fourth period)
Remainder of the appeal dismissed