Discontinuance

Question 1

Who can discontinue a claim and when?

Answer 1

only a claimant and at any time.

Question 2

does claimant have to discontinue whole claim and against all defendants?

Answer 2

No, can discontinue part of claim and against only one defendant also.

Question 3

Discontinuance has two major consequences:

Answer 3

1. It ends the proceedings in relation to the claim / part of claim discontinued
2. The claimant is liable to pay the defendant’s costs up to the point of discontinuance,
   unless the court orders otherwise

Question 4

when is court’s permission needed to discontinue proceedings?

Answer 4

In exceptional circumstances when the claimant has already received some sort of remedy,
such as an interim injunction or an interim payment.

Question 5

procedure for discontinuance:

Answer 5

1.File a notice of discontinuance at court

2.Serve a copy on every party

3.Discontinuance takes effect from the date of service

4.Upon discontinuance, a costs order is deemed to have been made in the defendant’s favour on the standard basis