Charles Elphicke v Times Media Ltd

Costs on discontinuance: CPR 38.6 presumes the discontinuing party pays costs unless the court orders otherwise.

CPR 38.6

Collateral use of witness statements: CPR 32.12 prohibits using witness statements for purposes other than the proceedings, except with consent, court permission, or if the statement was evidence in a public hearing.

CPR 32.12

Duty to preserve evidence: CPR 31 PD 31B para.7 imposes a duty to preserve disclosable material.

CPR 31 PD 31B para.7

Costs considerations: CPR 44.2 allows the court to consider all circumstances of the case, including conduct before, during, and potentially after proceedings, when determining costs orders.

CPR 44.2

Costs assessment: CPR 44.11 allows a Costs Judge to disallow costs due to unreasonable or improper conduct before, during, or in assessment proceedings.

CPR 44.11

Discretion to depart from default costs order: Courts have discretion to depart from the default costs order on discontinuance (CPR 38.6) if there's good reason, often involving unreasonable defendant conduct.

Brookes v HSBC Bank [2011] EWCA Civ 354

Proportionate sanctions for misconduct: Sanctions for misconduct, even dishonesty, must be proportionate to the offense and its impact on costs.

Abbott v Long [2012] RTR 1

Interim costs payments: CPR 44.2(8) presumes interim costs payments unless good reason exists not to.

CPR 44.2(8)