Discontinuance - CPR 38

Question 1

Who can discontinue a claim?

Answer 1

The claimant is the one that discontinues as they’re the one that bought the claim

Question 2

Who do you inform of discontinuance?

Answer 2

The court

Question 3

What if you wanna discontinue but there’s an interim injunction, cash being paid into court, undertaking given or you’ve received an interim payment or there’s multiple claimants?

Answer 3

Cannot discontinue w/o the permission of the court and if there’s multiple claimants then also need all their permission to discontinue

Question 4

Costs?

Answer 4

C is liable for costs up until the serving of that discontinuance

Question 5

Do you get costs when you discontinue claim on small claims track?

Answer 5

Not entitled to costs when it comes to small claims e.g. gives room to abuse the process of constantly bringing a case, then discontinuing w/o no costs consequences. However, court would eventually step in and stop you

Question 6

Procedure for discontinuance - who do you serve discontinuance notice on?

Answer 6

You serve it on every party

Question 7

How long for defendant to apply to set aside discontinuance?

Answer 7

D can apply to set aside the discontinuance within 28 days, only reason would be because they want their day in court

Question 8

Court officer can do consent order, enforcement of an award/DJ