DR: Discontinuance

Question 1

What is the element that explains how a claim can be discontinued?

Answer 1

Discontinuance

Discontinuance refers to the process of ending a claim, either partially or entirely, and the associated consequences.

Question 2

Which Civil Procedure Rule supports the content regarding discontinuance?

Answer 2

CPR 38

CPR 38 outlines the rules and procedures regarding the discontinuance of claims.

Question 3

What are the various ways a claim can end?

Answer 3

• Success on the substance
• Settlement
• Judgment following striking out
• Admission
• Discontinuance

These represent the different outcomes that can conclude a legal claim.

Question 4

Who can discontinue a claim?

Answer 4

Only a claimant

The claimant has the exclusive right to choose to discontinue their claim against the defendant.

Question 5

Can a claimant discontinue part of a claim?

Answer 5

Yes

A claimant may choose to discontinue only a portion of their claim against one or more defendants.

Question 6

What are the two major consequences of discontinuance?

Answer 6

• Ends the proceedings for the claim/part discontinued
• Claimant liable for defendant’s costs up to discontinuance

These consequences highlight the legal implications of discontinuing a claim.

Question 7

In exceptional circumstances, what is required for a claimant to discontinue proceedings?

Answer 7

Court’s permission

Permission is needed when the claimant has already received a remedy, such as an interim injunction or payment.

Question 8

What is the procedure for discontinuance?

Answer 8

• File a notice of discontinuance at court
• Serve a copy on every party
• Discontinuance takes effect from the date of service
• Costs order deemed in defendant’s favor

This outlines the necessary steps a claimant must take to officially discontinue a claim.

Question 9

What must the notice of discontinuance specify if only part of a claim is discontinued?

Answer 9

Which part of the claim is discontinued

Clarity is required in the notice to indicate the specific portion of the claim that is being discontinued.

Question 10

What happens upon discontinuance regarding costs?

Answer 10

A costs order is deemed to have been made in the defendant’s favour

This means that the defendant is entitled to recover costs incurred up to the point of discontinuance.

Question 11

True or False: A claimant can discontinue a claim at any time.

Answer 11

True

A claimant has the right to discontinue their claim whenever they choose, subject to the rules.

Question 12

Fill in the blank: A claimant is liable to pay the defendant’s costs up to the point of _______.

Answer 12

discontinuance

This liability is a significant aspect of the consequences of discontinuing a claim.