If you are served with a summons, and the case is then discontinued by the Applicant before it reaches trial. Who is liable for the costs that are due to the solicitor employed by the defendant?
Right up until a court decides to award costs in your favour, my understanding is that you alone are liable for the costs you incurred in retaining and briefing a legal team.
Situation is I think that if it is discontinued after it is set down for trial Pl is automatically liable for Def party and party costs. If it is discontinued before it is set down for trial Def will have to apply to court for their costs which will be granted. In my experience PL will usually approach Def to ask for consent to discontinue on grounds that both parties bear their own costs.
I think it is that but also that the pl has a duty not to lightly enter litigation. There is an assumption that if the pl withdraws before trial it is because he/she knows they can't win and therefore should not have issued proceedings in the first place