KB-2023-003483 - [2025] EWHC 1799 (KB)

For all these reasons, the Claimants have not shown a good reason for displacing the presumption in CPR 38.6. Accordingly, the Claimants, as parties who have discontinued their claims, are liable for D3’s costs incurred on or before the date on which the Notice of Discontinuance was served on them, namely 2 May 2025. It follows that I do not consider it appropriate to accede to the Claimants’ request that I order D3 to pay the Claimants’ costs, or make no order for costs.