Q&As

Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?

read titleRead full title

Produced in partnership with Peter Edwards of Devereux Chambers
Published on: 18 June 2018
imgtext

A claimant has the right to discontinue a claim at any point, pursuant to CPR 38.2, whether it was initially instituted pursuant to CPR Part 7 or CPR Part 8. The Rules and procedure for discontinuing are no different in either circumstance. There is no separate regime for Part 8 claims. See Practice Note: Discontinuance of a claim.

The procedure for discontinuing is specified in CPR 38.3. A notice of discontinuance must be filed with the court and served on every other party to the proceedings. The notice filed with the court must state that it has been served on all other parties.

The right to discontinue is subject to the permission of the court if an Interim injunction has been granted or if any party has given an undertaking to the court in the proceedings (CPR 38.2(a)). If there is more than

Peter Edwards
Peter Edwards

Devereux Chambers

Peter Edwards is one of the few senior practitioners with a specialism and a thriving practice in both of the complimentary fields of employment law and personal injury. "Noted for cases at the intersection of personal injury and employment law" by Legal 500 2017, he has extensive experience of dealing with ' and cross-examining ' medical experts and is at a particular advantage when dealing with cases involving both areas of law (for example, stress-at-work/workplace injury cases in the High Court and Disability Discrimination claims in the ET and at Appellate-level). He is ranked in both major Directories in personal injury and employment: "He's excellent. If it's a difficult case he'll handle it with absolute aplomb." ' Chambers UK 2017. "He is able to give to provide accurate, focused and succinct advice." ' Legal 500. 'His attention to detail and ability to get to the crux of a case are second to none.' 'Decisive, down-to-earth and robust.' -Chambers UK 2018.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Discontinuance definition
What does Discontinuance mean?

The abandonment of all or part of a claim.

Read more readmore

Popular documents

The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims

The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued up to £25,000 where the accident occurred on

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a