Griffin & Anor v Smith & Ors

Griffin & Anor v Smith & Ors

Claimants failed to advance cogent grounds justifying departure from usual costs consequence of discontinuance for first, second, fourth, and sixth defendants. Publication of membership list by fifth defendant frustrated litigation purpose but claimants continued action for two years thereafter. Third and fifth defendants are bankrupt and do not wish to pursue counterclaims or defence; claimants not ordered to pay their costs. No wasted costs order against claimants’ solicitors as circumstances do not indicate improper, unreasonable, or negligent conduct.

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 and Costs Determination
Outcome
Application to discontinue granted. Claimants ordered to pay costs of first, second, fourth, and sixth defendants; no order as to costs for third and fifth defendants. No wasted costs order against claimants’ solicitors.
Legal Topics
Discontinuance, Costs Orders, Breach of Confidence, Data Protection, Jurisdiction, Bankruptcy
Civil Procedure Costs Injunctions Confidentiality Discontinuance Costs Orders Breach of Confidence Data Protection +2 more

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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 and Costs Determination

Legal Issues

  1. 1 Whether claimants should be permitted to discontinue proceedings without paying defendants' costs
  2. 2 Whether publication of confidential membership list frustrates litigation purpose
  3. 3 Whether claimants' conduct justifies departure from usual costs order

Ratio Decidendi

Claimants failed to advance cogent grounds justifying departure from usual costs consequence of discontinuance for first, second, fourth, and sixth defendants. Publication of membership list by fifth defendant frustrated litigation purpose but claimants continued action for two years thereafter. Third and fifth defendants are bankrupt and do not wish to pursue counterclaims or defence; claimants not ordered to pay their costs. No wasted costs order against claimants’ solicitors as circumstances do not indicate improper, unreasonable, or negligent conduct.

Court Disposition

Application to discontinue granted. Claimants ordered to pay costs of first, second, fourth, and sixth defendants; no order as to costs for third and fifth defendants. No wasted costs order against claimants’ solicitors.

Orders

  • Claimants to pay costs of first, second, fourth, and sixth defendants, assessed on standard basis if not agreed.
  • No order as to costs for third and fifth defendants.