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View the related checklists about Discontinuance

Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

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LTA 1954 opposed lease renewal procedure—flowchart

LTA 1954 opposed lease renewal procedure—flowchart This Flowchart sets out the procedure for an opposed business lease renewal under the Landlord and Tenant Act 1954 (LTA 1954), including in respect of timing for service of an opposed section 25 notice or section 26 request counter-notice specifying ground(s) of opposition under LTA 1954, s 30(1) issuing opposed proceedings, filing statements of case, through to the court making an order for termination or for a new lease, or discontinuance or dismissal of proceedings. A business lease automatically continues after the expiry of the contractual term if the tenant remains in occupation for business purposes, satisfying the requirements of LTA 1954, s 23. The statutory rights under the existing lease may be terminated by either party serving one of the statutory notices of termination (ie a landlord’s section 25 notice, a tenant’s section 26 request or a section 27 notice). This flowchart sets out the procedure for an opposed lease renewal. For the unopposed lease renewal procedure, see: Unopposed lease renewal procedure—flowchart. ...

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Discontinuance of a claim

Amendments to CPR 38With effect from 6 April 2023, CPR 38 is amended in a number of ways, including:•clarifying that the definition of ‘claim’ in CPR 38 includes ‘a cause of action or part of one’•amending the language of CPR 38.5(2) to refer to the end of ‘the claim’ rather than ‘the proceedings’ following discontinuance, bringing it in line with CPR 38.1–38.3, and•introducing a formal procedure into CPR 38.7 for obtaining permission to bring subsequent proceedings against the same defendant following discontinuanceFor full details of the amendments, see Civil Procedure (Amendment) Rules 2023, SI 2023/105.Older authorities which are based on the pre-amendment version of CPR 38 will therefore have to be treated with caution and read in light of the amended provisions.What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving a formal notice of discontinuance.A claimant has a right to discontinue all or part of a claim at any time (CPR 38.2(1)).Discontinuance has specific...

Committal proceedings—discontinuance, defects and strike out [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview.For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see:In general terms, the procedural requirements and the matters to be proved are covered in some detail in Practice Note: Committal proceedings—applications, evidence and hearings [Archived] and the related content covering each type of contempt or writ of sequestration. Therefore, this Practice Note should be read in conjunction with the following Practice Notes:•Committal proceedings—false statements [Archived]•Committal proceedings—interference with the administration of justice [Archived]•Civil contempt proceedings—non-compliance with a court order or undertaking [Archived]•Committal proceedings—contempt in the face of...

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Ireland—Settlement agreement—IP dispute—short form

This Precedent is a short form settlement agreement for use in relation to intellectual property (IP) disputes. A settlement agreement can be used to formalise the settlement terms of a dispute at any point in a dispute. If it is used to settle a dispute after proceedings have been issued, the settlement agreement is scheduled to a consent order. This Precedent has been drafted for use in the settlement of IP claims in particular but could be adapted to be used for settlement of other types of claims. Each IP claim is different but there is usually a need to tidy up rights and interests following the settlement of an IP claim over and above the payment of a settlement sum. IP disputes often feature one or more of the following characteristics, which may distinguish them from disputes in other fields: • technical subject matter—it is often necessary to get to grips with difficult scientific or technical issues in order to determine the outcome of IP disputes (eg the functionality...

Summons for discontinuance of caveat

Summons for discontinuance of caveat IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES] In the Estate of [name] deceased SUMMONS LET [name], the [caveator OR person warning], or his Solicitor, attend [the District Probate Registrar of the [location] District Probate Registry OR Probate Registry of Wales at [address] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High

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What are the consequences if written notice required under 2A, 4 and 12 of Schedule 14 of the Environment Act 1995 has not been served effectively or does not include the necessary information? In addition, what are the consequences where a site owner or operator submit an application for a Review of the Mineral Permission but it does not contain sufficient information to determine the application? Does the power of suspension apply even if an environmental statement is not required? If the application is refused does the existing mineral permission become obsolete?

What are the consequences if written notice required under 2A, 4 and 12 of Schedule 14 of the Environment Act 1995 has not been served effectively or does not include the necessary information? In addition, what are the consequences where a site owner or operator submit an application for a Review of the Mineral Permission but it does not contain sufficient information to determine the application? Does the power of suspension apply even if an environmental statement is not required? If the application is refused does the existing mineral permission become obsolete? Notice of first periodic review Under the provisions of the Environment Act 1995 (EA 1995), all mines are subject to periodic review. Where a mineral planning authority determines that it will carry out a periodic review of the mineral permissions relating to a mining site it must give notice in accordance with the Environment Act 1995, Sch 14. The EA 1995, Sch 14, para 4, relates to the first periodic review, which provides that:...

If a maintained diocesan school closes permanently and the governing body dissolves, who owns the assets within the property, such as IT equipment?

If a maintained diocesan school closes permanently and the governing body dissolves, who owns the assets within the property, such as IT equipment? The answer to this Q&A depends on the reason why the diocesan school has closed. If the diocesan school has academised, then the assets of the school will be transferred to the academy trust. The assets previously belonging to the diocesan school will be transferred to the academy trust. The owner(s) of the assets will be set out in the articles of association, which can be requested from the Department for Education (DfE). If the diocesan school has simply closed, then enquiries need to be made with the diocese as to the name of the

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184th Practice Direction (PD) update—in force on 19 June 2025

The 184th Practice Direction (PD) update amends CPR PD 51R (Online Civil Money Claims pilot scheme) and CPR PD 51ZB (Damages Claims Portal pilot scheme) to clarify the procedures for notifying the court when there is a settlement or discontinuance of the court proceedings. The amendments set out when and how parties must inform the court, the consequences of objections, and the process for transferring claims or incorporating settlement terms into court orders.

Businessman says US$43m debt claim is plot to seize shares

Law360, London: A businessman can intervene in a 194m Romanian leu (US$43m) debt claim he alleges is part of a fraudulent scheme to acquire his shares in a scrap-metal trading company for free, an appeals court has ruled.