QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE OPENSHAW
|HM ATTORNEY GENERAL||Claimant|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
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(Official Shorthand Writers to the Court)
The Defendant did not appear and was not represented
Crown Copyright ©
"Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom he discontinues incurred on or before the date on which notice of discontinuance was served on him."
So, properly analysed, the hearing today is in fact an application by the Attorney General to the court to make an order that she is not liable to pay the costs of Mr Willett.
"... in respect of proceedings in Devon or Cornwall concerning any matters involving or relating to or touching upon or leading to any issues arising from:
(a) the installation of cavity wall insulation in the property known as and situate at 24 Bishop's Road, Teignmouth, TQ14 9BN by Warmhome Ltd,
(b) the independent expert determination that determined Warmhome Ltd's liability in relation to that installation, and
(c) the legal proceedings that were issued against any party in relation to matters (a) or (b)."
That was extended on 30th September 2005, the current order expires on 29th October this year, a fortnight hence, and a further application is due to be made to the county court for its renewal before that date.