Dover Harbour Board v ISS & Ors

Dover Harbour Board v ISS & Ors

The court exercised its discretion to depart from the usual costs order, finding that the claimant had reasonably brought Mr Dobson into proceedings, the changed circumstances from settlement rendered further pursuit disproportionate, and the public interest favored discontinuance without costs.

Parties
Claimant: Dover Harbour Board; Defendant: ISS; Third Defendant: Mr Dobson
Jurisdiction
England and Wales
Judgment Date
13 July 2007
Procedural Posture
Application Under CPR 38.6 / Judgment on Discontinuance and Costs
Outcome
Application for discontinuance granted; no order as to costs; permission to appeal refused.
Legal Topics
Discontinuance, Costs, Conspiracy, Wrongful Dismissal
Civil Procedure Employment Law Fraud Discontinuance Costs Conspiracy Wrongful Dismissal

Case Brief

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Parties

Dover Harbour Board

Claimant

ISS

Defendant

Mr Dobson

Third Defendant

Procedural Posture

Application Under CPR 38.6 / Judgment on Discontinuance and Costs

Legal Issues

  1. 1 Whether the claimant should be liable for costs upon discontinuance against Mr Dobson
  2. 2 Whether discontinuance should be granted
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The court exercised its discretion to depart from the usual costs order, finding that the claimant had reasonably brought Mr Dobson into proceedings, the changed circumstances from settlement rendered further pursuit disproportionate, and the public interest favored discontinuance without costs.

Court Disposition

Application for discontinuance granted; no order as to costs; permission to appeal refused.

Orders

  • Action against Mr Dobson discontinued with no order as to costs.
  • Application for permission to appeal refused.