Griffin & Anor v Smith & Ors [2010] EWHC 3414 (Ch) (21 December 2010)

Griffin & Anor v Smith & Ors [2010] EWHC 3414 (Ch) (21 December 2010)

The claimants failed to provide sufficient grounds to depart from the usual rule that discontinuing claimants pay the defendants' costs. The publication of the membership list by the fifth defendant did not justify a different order for the other defendants, especially as proceedings continued for two years after the publication. The third and fifth defendants, being bankrupt and not wishing to pursue the matter, were excepted from the costs order. No wasted costs order was made against the claimants' solicitors as their conduct did not meet the threshold for such an order.

Citation
[2010] EWHC 3414 (Ch)
Parties
Claimant: Nicholas John Griffin; Claimant: Simon Darby; Defendant: Kenneth Smith; Defendant: Nicholla Smith; Defendant: Sadie Graham; Defendant: Stephen Blake; Defendant: Matthew Single; Defendant: Ian Dawson
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Civil / Application for Permission to Discontinue With No Order as to Costs
Outcome
Application to discontinue granted. Claimants to pay the costs of the first, second, fourth, and sixth defendants, to be assessed on the standard basis if not agreed. No order as to costs in favour of the third and fifth defendants. No wasted costs order against claimants' solicitors.
Legal Topics
Discontinuance, Costs Orders, Injunctions, Confidential Information, Jurisdiction
Civil Procedure Costs Discontinuance Costs Orders Injunctions Confidential Information Jurisdiction

Case Brief

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Parties

Nicholas John Griffin

Claimant

Simon Darby

Claimant

Kenneth Smith

Defendant

Nicholla Smith

Defendant

Sadie Graham

Defendant

Stephen Blake

Defendant

Matthew Single

Defendant

Ian Dawson

Defendant

Procedural Posture

Civil / Application for Permission to Discontinue With No Order as to Costs

Legal Issues

  1. 1 Whether claimants should be permitted to discontinue proceedings with no order as to costs
  2. 2 Whether the usual rule that discontinuing claimants pay defendants' costs should be departed from
  3. 3 Whether wasted costs order should be made against claimants' solicitors

Ratio Decidendi

The claimants failed to provide sufficient grounds to depart from the usual rule that discontinuing claimants pay the defendants' costs. The publication of the membership list by the fifth defendant did not justify a different order for the other defendants, especially as proceedings continued for two years after the publication. The third and fifth defendants, being bankrupt and not wishing to pursue the matter, were excepted from the costs order. No wasted costs order was made against the claimants' solicitors as their conduct did not meet the threshold for such an order.

Court Disposition

Application to discontinue granted. Claimants to pay the costs of the first, second, fourth, and sixth defendants, to be assessed on the standard basis if not agreed. No order as to costs in favour of the third and fifth defendants. No wasted costs order against claimants' solicitors.

Orders

  • Permission to discontinue granted.
  • Claimants to pay costs of first, second, fourth, and sixth defendants on standard basis if not agreed.