27 July 2009
Thomas Cooper recently represented the successful Defendant in the case of Abdul Kadir Nassif v Augusta Offshore SpA & Others [2009] EWHC 90143 (Costs) in the Supreme Court Costs Office.
Thomas Cooper’s Marine Injury & Commercial Litigation Department represented the Defendant in a claim for personal injury which was settled before trial. During the course of the proceedings, the Claimant had discontinued claims against two other Defendants against whom he had wrongly proceeded. The Claimant then sought to recover costs of proceeding against these Defendants from our client.
The court held in favour of our client that where a Claimant discontinues against one of a number of Defendants but ultimately succeeds against another; the automatic consequence is that the Claimant will bear all costs of the discontinuance.
For further information, please contact John Strange on +44 (0)20 7481 8851 or e-mail