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England and Wales Case Law

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Defamation [2026] EWHC 1177 (KB)

Lodhia v Twelve Trees Management Company (Bromley-By-Bow) Ltd & Ors

Lodhia v Twelve Trees Management Company (Bromley-By-Bow) Ltd & Ors [2026] EWHC 1177 (KB) (18 May 2026)

After Lodhia discontinued his defamation claim, the High Court held he must pay the defendants’ costs, including costs of prior applications and amendments.

  • Discontinuance
  • Costs orders
  • Bankruptcy and costs liability
  • Pre-action protocols
  • Reasonable adjustments
  • Litigant in person conduct
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Civil procedure [2026] EWHC 443 (KB)

Wolverhampton City Council & Ors v Persons Unknown & Ors

Wolverhampton City Council & Ors v Persons Unknown & Ors [2026] EWHC 443 (KB) (27 February 2026)

The High Court continued a quasi-final injunction against street racing and related conduct, allowed one council to discontinue, and made minor amendments to scope and service.

  • Injunctions
  • Power of arrest
  • Anti-social behaviour
  • Persons unknown
  • Service by alternative means
  • Discontinuance
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Administrative law [2026] EWHC 203 (Admin)

KXO & Anor v Devon County Council

KXO & Anor v Devon County Council [2026] EWHC 203 (Admin) (03 February 2026)

The Administrative Court held that a notice of discontinuance ended a judicial review concerning EHCP amendments, and ordered the claimants’ litigation friend to pay costs.

  • Judicial review
  • Education, health and care plans (ehcps)
  • Special educational needs
  • Reasonable adjustments
  • Discontinuance
  • Costs
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Civil procedure [2025] EWHC 1646 (KB)

1st Option Consulting Services Ltd v Rutherford

1st Option Consulting Services Ltd v Rutherford [2025] EWHC 1646 (KB) (30 June 2025)

The High Court allowed an appeal against substitution of a defendant after discontinuance, holding that CPR 19.6 could not substitute a non-party once the claim had ended.

  • Substitution of parties
  • Limitation of actions
  • Discontinuance
  • Professional negligence
  • Civil-procedure
  • Party-substitution
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Civil procedure

Charles Elphicke v Times Media Limited

Renewed permission-to-appeal application refused in a costs dispute after discontinuance. The court held the Master’s costs, interim payment, and procedure decisions were within discretion.

  • Discontinuance
  • Costs orders
  • Misconduct
  • Interim payment
  • Appeals
  • Cpr 38.6
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Civil procedure

Karcihan Meric v Andrew Navis & Anor

Appeal on litigation capacity dismissed. The High Court held Mr Meric had capacity to conduct the litigation and refused to set aside his discontinuance.

  • Litigation capacity
  • Appointment of litigation friend
  • Discontinuance of claim
  • Mental capacity act 2005
  • Litigation-capacity
  • Mental-capacity-act-2005
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Civil procedure [2025] EWCC 12

Orton v Barclays Bank UK PLC Trading as Barclay Card

Orton v Barclays Bank UK PLC Trading as Barclay Card [2025] EWCC 12 (27 March 2025)

Appeal dismissed against a small-claims costs order under CPR 27.14(2)(g) after the claimant discontinued the claim late for commercial reasons.

  • Costs on small claims track
  • Unreasonable behaviour under cpr 27.14(2)(g)
  • Discontinuance
  • Consumer credit act 1974 s.140a
  • Small-claims-costs
  • Unreasonable-behaviour
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Civil procedure

Steven Orton v Barclays Bank UK PLC trading as Barclay Card

On appeal from a small-claims costs order, the court held that the claimant’s late discontinuance and failure to engage with correspondence were unreasonable.

  • Costs in small claims track
  • Unreasonable behaviour under cpr 27.14(2)(g)
  • Discontinuance of claim
  • Appeal procedure
  • Small-claims-costs
  • Unreasonable-behaviour
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Probate [2025] EWHC 530 (Ch)

Tucker v Felton-Page & Ors

Tucker v Felton-Page & Ors [2025] EWHC 530 (Ch) (12 March 2025)

Contentious probate judgment holding that the 2013 will failed for lack of testamentary capacity, with costs turned on when investigation ceased to be reasonable.

  • Testamentary capacity
  • Knowledge and approval
  • Undue influence
  • Fraudulent calumny
  • Costs in probate litigation
  • Discontinuance of claim
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.