Nassif v Augusta Offshore SPA & Ors [2009] EWHC 90143 (Costs)

Posted on Wednesday, June 17th, 2009

This was a matter where the Claimant, during the course of proceedings, had discontinued claims against the Second and Third Defendants a year or more before the eventual final costs Order made by consent. The Claimant then attempted to recover costs against the Second and Third Defendants from the First Defendants.

It was held that the Claimant was not entitled to recover his own costs of his claims against the Second and Third Defendants. The wording of the Consent Order was sufficient to ensure that the costs agreed as payable by the First Defendant were contractually restricted to the costs referable to the claim only between the Claimant and the First Defendant, which was the only ‘live’ claim at that stage.

Therefore, the consequence of this decision is that consideration may need to be given by the Claimant, when he discontinues against one of a number of defendants under CPR Part 38, as to whether an application needs to be made for a more specific costs order unless it is intended that the Claimant will pay its own costs referable to the discontinued claim.

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