Discontinuance

Question 1

Who can discontinue a claim?

Answer 1

Only C

Choosing to no longer pursue claim against D

Question 2

Does C have to discontinue a whole claim against all Ds (if more than one)?

Answer 2

Can discontinue:

• Part or whole of claim
• Claim against one D or all Ds

Question 3

What are the 2 major consequences of discontinuance?

Answer 3

1. Ends the proceedings re claim
2. C is liable to pay D’s costs up to point of discontinuance (unless court orders otherwise)

Discontinued in part = C only liable for costs relating to discontinued

Question 4

In what exceptional circumstances will the court’s permission be required to discontinue proceedings?

Answer 4

When C has already received some sort of remedy e.g. interim injunction or interim payment

Question 5

What is the 2-step procedure for discontinuance?

Answer 5

1. File a notice of discontinuance at court (make clear which part)
2. Serve a copy on every party

Question 6

When will discontinuance take effect from?

Answer 6

Service of notice of discontinuance on every party

Question 7

What is deemed to have been made upon discontinuance?

Answer 7

Costs order deemed to have been made in D’s favour on standard basis