Discontinuance

Messih v McMillan Williams and others [2010] EWCA Civ 844, 22 July

The claimant brought proceedings against two firms of solicitors alleging different causes of action arising out of his tenancy of commercial premises. The proceedings against the first solicitors were settled on the terms that the solicitors paid damages and the claimant’s costs. The claimant wished to discontinue against the second firm of solicitors on the basis that each party would pay their own costs, but the solicitors would not agree. Accordingly the claimant served notice of discontinuance and applied for an order under CPR rule 38.6(1) that he should not be required to pay the second firm’s costs. The judge made the order requested against which the defendant appealed.