Welcome to the eleventh edition of Clyde & Co's
(Re)insurance and litigation caselaw weekly updates for 2013.
These updates are aimed at keeping you up to speed and informed
of the latest developments in caselaw relevant to your
practice.
THIS WEEK'S CASELAW
Nelson's Yard Management & Ors v Eziefula
Discontinuance and departing from the presumption that the
claimant must pay the defendant's costs
http://www.bailii.org/ew/cases/EWCA/Civ/2013/235.html
The claimants appealed against a decision that there was no
justification in this case to depart from the presumption under CPR
r38.6 that they should pay the costs of the defendant against whom
they had discontinued their proceedings. The Court of Appeal
referred to the decision in Teasdale v HSBC (see Weekly
Update 12/10), which it accepted represented the correct approach
in relation to costs on discontinuance. This case was primarily
concerned with the following principle set out in
Teasdale: no change in
