FAULKNER V SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY

QOCS: Setting Off Costs Against Costs

The court exercised its discretion against allowing a defendant to set off ‘costs against costs’ in a case where it unsuccessfully applied to resurrect a discontinued claim with a view to striking it out and thus removing the protection of QOCS by virtue of CPR 44.15.

Discontinuance

CPR 38.6: Discontinuance And Costs – The Legal Principles

This “long-running and ill-tempered dispute” between directors and shareholders of a residents association ended in September 2019 when the claimant filed a Notice of Discontinuance.
Master Clark was asked to determine whether the court should exercise its power under CPR 38.6 to disapply the default rule that the claimant should pay the costs of the claim.
His judgment provides a useful look at the principles governing costs following discontinuance.