Discontinuance

Question 1

Right to discontinue claim

Answer 1

The claimant may discontinue all or part of a claim any any time.

However, The claimant must obtain permission of the court if it is in relation to an interim injunction or any parties given an undertaking.

Question 2

Procedure for discontinuing

Answer 2

The claimant must file a notice of discontinuance and serve a copy of it on every other party.

Question 3

Right to apply to have discontinuance set aside

Answer 3

The defendant can apply but he may not make application more than 28 days after the date when the notice was served on him.

Question 4

Discontinuance when permission not required

Answer 4

Will take affect on the date of the notice of discontinuance is served on the defendant.

Question 5

Liability for costs

Answer 5

A claimant who this continues is liable for the costs which are defendant against incurred on or before the date on which the notice was served.

Doesn’t apply to small track claims

Question 6

Discontinuance and subsequent proceedings

Answer 6

A claimant who discontinue the claim needs the permission of the court to make another claim against the same defendant if

1. He discontinue the claim after the defendant filed a defence and
2. The other claim arises out of facts which are the same or substantially the same