Discontinuance

Question 1

briefly, explain discontinuance

Answer 1

C can discontinue all/part of a claim against any Ds at any time.

Question 2

explains costs when a claim is discontinued

Answer 2

C liable for D’s costs unless court orders otherwise or D agrees (all or some)

If D agreed, this should be recorded in a consent order/Tomlin order

Question 3

is court permission required? if so, when?

Answer 3

court permission not required, unless:
o There is an interim injunction
o A party has given an undertaking
o Multiple Cs (if Cs won’t consent)
o Interim payment made (if D won’t consent)

Question 4

what is the procedure to discontinue a claim?

Answer 4

1. C f&s a notice of discontinuance (inc. any consents)
2. D can apply for notice to be set aside within 28 days
3. Uncontested = proceedings concluded