DR - Discontinuance

Question 1

Who can discontinue a claim?

Answer 1

Only the claimant. Can be all or part of a claim.

Question 2

What is the effect of discontinuance?

Answer 2

• It ends the proceedings in relation to the claim / part of claim discontinued (CPR 38.5(2));
• The claimant is liable to pay the defendant’s costs up to the point of discontinuance, unless the court orders otherwise

Question 3

What is the procedure for discontinuance?

Answer 3

• File a notice of discontinuance at court.
• Serve a copy on every party.
• Discontinuance takes effect from the date of service.
• Upon discontinuance, a costs order is deemed to have been made in the defendant’s favour on the standard basis.

Question 4

If a party wishes to keep a Tomlin order secret, should they attach the agreement to the Order filed at Court?

Answer 4

No - but it should refer to the agreement by date stating it to be confidential