Discontinuance

Question 1

Who can discontinue a claim?

Answer 1

The claimant ONLY.

Question 2

When can a claimant discontinue a claim?

Answer 2

At any time.

Question 3

Can the claimant choose whether to discontinue part of the claim and discontinue against a particular defendant?

Answer 3

The claimant can discontinue part of the claim rather than the whole claim. The claimant can choose to discontinue the claim against only one defendant, or against all of the defendants.

Question 4

What are the two consequences of discontinuance?

Answer 4

1. It ends proceedings in relation to the claim/ part of the claim.
2. The claimant is liable to pay the defendant’s costs up to the point of discontinuance, unless the court orders otherwise.

If the claim is only discontinued in part, then the claimant is only liable for costs in relation to the part which is discontinued.

Question 5

Is the courts permission needed to discontinue a claim?

Answer 5

In exceptional circumstances the court’s permission is needed to discontinue proceedings – generally when the claimant has already received some sort of remedy, such as an interim injunction or an interim payment.

Question 6

What is the procedure for discontinuance?

Answer 6

1. File a notice of discontinuance at court. Make it clear which part of the claim is discontinued if only part.
2. Serve a copy on every party.
3. Discontinuance takes effect from the date of service.
4. Upon discontinuance, a costs order is deemed to have been made in the defendant’s favour on the standard basis.