Discontinuance

Question 1

What is discontinuance?

Answer 1

• A claimant withdrawing all or part of their claim
• Can discontinue against one or all defendants

Question 2

What is the effect of discontinuance?

Answer 2

• Proceedings are ended for the claim/part discontinued
• Claimant is liable for the defendant’s costs up to that point
• Court permission required in some cases (e.g. interim payment or injunction already granted)

Question 3

What is the procedure for discontinuance?

Answer 3

• File notice of discontinuance
• Serve it on all parties
• Discontinuance takes effect on service

Question 4

What is the costs position after discontinuance?

Answer 4

A deemed order requires the claimant to pay the defendant’s costs on the standard basis