Durcan Isin v Nur Seda Ozen as Administrator of the Estate of the late Erdinc Ozen

Where a hearing is vacated due to circumstances attributable to the plaintiff's side (here, the late discovery of the plaintiff's own bankruptcy) but without deliberate concealment or fault by the plaintiff's legal advisers, the appropriate costs order may be the defendant's costs in the cause rather than costs in the cause or costs payable by the plaintiff. This ensures the blameless defendant is not disadvantaged while avoiding a punitive costs order where the plaintiff's ignorance is plausible.