Discontinuance Flashcards
(18 cards)
CPR 38
The main Civil Procedure Rule governing discontinuance of claims.
Ways a claim can end
Success at trial/summary judgment
Nature of discontinuance
Claimant chooses not to pursue the claim further (CPR 38.2(1)).
Who can discontinue a claim?
Only the claimant.
Timing of discontinuance
Claimant can do so at any time (CPR 38.2(1)).
Can a claimant discontinue part of a claim?
Yes (CPR 38.2(1)).
Can a claimant discontinue against only one defendant?
Yes
Two major consequences of discontinuance
Ends proceedings for the discontinued part (CPR 38.5(2))
Liability for costs in partial discontinuance
Claimant only liable for costs related to the discontinued part (CPR 38.6).
When is court permission needed for discontinuance? (CPR 38.2(2))
In exceptional circumstances
Procedure for discontinuance
File a notice of discontinuance at court (clearly stating the discontinued part) (CPR 38.3(1)(a))
When does discontinuance take effect? (CPR 38.5(1))
From the date of service of the notice.
Deemed costs order upon discontinuance (CPR 38.6 and 44.9(1)(c))
A costs order in the defendant’s favour is deemed to have been made on the standard basis.
Summary of who can discontinue
Only the claimant.
Summary of effect of discontinuance
Brings the claim (or part) to an end.
Summary of scope of discontinuance
Can be whole or part of a claim.
Summary of costs liability upon discontinuance
Claimant normally pays opponent’s costs for the discontinued claim.
Summary of how discontinuance is effected
By filing and serving a notice of discontinuance.
