Voluntarily Ending a Claim Flashcards
What are the 3 ways a C can VOLUNTARILY end a claim AFTER proceedings are issued?
(1) Part 36 Offer
(2) Discontinuance
(3) Settlement
For C to DISCONTINUE a claim:
(1) Is permission from court needed?
(2) Is permission from other C’s needed and if so, in what 2 ways can consent be gained ?
(3) Can a claim be partially discontinued or discontinued against a particular D?
(1) NO (unless ‘interim injunction’)
(2) Permission from other C’s - (a) WRITTEN consent OR (b) Court permission
(3) Yes
For C to DISCONTINUE a claim:
(1) What document must be filed?
(2) Who must this be served on?
(3) At what point does discontinuance occur?
(4) Following discontinuance, what are the cost implications for C and D?
(1) NOTICE OF DISCONTINUANCE
(2) ALL parties (both C &Ds)
(3) Date of Service
(4) C pays D costs on STANDARD BASIS
For a settlement reached AFTER proceedings, why should this be drawn up in an ORDER?
ENFORCEMENT - allows party to undertake enforcement proceedings for the settlement
What are the 2 types of Consent Order?
(1) Standard Consent Order
(2) Tomlin Order
(1) What is a standard Consent Order?
(2) To enforce the settlement in a consent order, what type of claim must be brought?
(1) Contractual agreement where C terminates proceedings in exchange for settlement sum
(2) Breach of contract
What is a ‘Tomlin Order’?
A type of consent order where the agreed terms are kept in a SEPARATE SCHEDULE attached to order and proceedings are ‘stayed’
What are the 2 main differences between a ‘Tomlin Order’ and a standard ‘Consent Order’? in terms of
(1) Privacy
(2) What occurs if there is a breach of the order?
(1) Terms are:
Private - Tomlin Order
Public - Standard Consent Order
(2)
Proceedings begun again - Standard Consent Order
Apply to court to lift ‘stay’ (i.e. no need to bring proceedings again) - Tomlin Order
