Discontinuance

Question 1

Who can Discontinue a Claim?

Answer 1

• The Claimant, volitionally, at any Stage of the Proceedings.
• Court Permission is only necessary if the Claimant has already recevied a Remedy.

Question 2

Must Discontinuation concern the Whole Claim?

Answer 2

No. The Claimant can Discontinue part of a Claim.

Question 3

What is the Effect of Discontinuance?

Answer 3

• Termination of the Proceedings concerning the Discontinued Claim (or Part thereof).
• Liability of the Claimant to pay the Defendant’s Costs up to Discontinuance.
  • If Discontinuance is Partial, Liability is limited to that Part.

This takes effect on Service.

Question 4

What is the Procedure for Discontinuance?

Answer 4

• The Claimant Files a Notice of Discontinuance at Court.
• The Claimant Serves a Copy on Every Party.
• A Standard-Basis Costs Order in favour of the Defendant arises automatically.