Is there a Court fee for a notice of discontinuance?

The Court Rules On Discontinuance And Legal Costs This means that if you discontinue you are automatically liable to pay the other side’s legal costs incurred, up to the point of service of the notice. Rule 38.6(4) adds that the rule above does not apply to claims allocated to the small claims track.

Do I need to serve notice of discontinuance?

discontinuance in circumstances where the proceedings have been issued but not served. However, the terms of CPR 38 are clear in requiring that notice of discontinuance must be served on every party irrespective of whether the proceedings have been served.

What does it mean when a Court case has been discontinued?

Discontinuance
It does not require the Court’s agreement. It is different from ‘offering no evidence’ because it does not lead to an acquittal. Discontinuance does not need the permission of the court – or any court hearing at all. The charge is not dismissed, the prosecution merely ceases to continue.

Can a plaintiff file a notice of discontinuance?

You can only file a notice of discontinuance in certain circumstances. In most instances, a notice of discontinuance is filed by a plaintiff or applicant. However, it can also be filed by a defendant or appellant.

Can a notice of discontinuance be served as a bill of costs?

For the avoidance of doubt, a Notice of Discontinuance provides a deemed costs order upon which a Notice of Commencement can be served with a formal Bill of Costs. As such, if you are the Defendant in proceedings and receive a Notice of Discontinuance (on a non-personal injury matter), instruct a Costs Draftsman to prepare your Bill of Costs.

When to apply for a notice of discontinuance set aside?

Right to apply to have notice of discontinuance set aside 38.4 (1) Where the claimant discontinues under rule 38.2 (1) the defendant may apply to have the notice of discontinuance set aside (GL). (2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

What happens when a notice of discontinuance is struck out?

The Defendant argued that the Notice was a tactical action in order to avoid the case being struck out with the Defendant’s costs being awarded and being ordered as enforceable. The case was struck out, and the Notice set aside on the basis that there were no grounds of bringing the claim on the Notice of Discontinuance.

Can a defendant file a notice of discontinuance?

In contrast, if a claimant was to file a notice of discontinuance, QOCS would apply and the defendant’s costs will not be recoverable. In that context it isn’t difficult to see the risk of claimants trying to use a notice of discontinuance tactically by, for example, filing a notice after the defendant has made an application to strike out.

Who is liable for the cost of a notice of discontinuance?

CPR 38.6 (1) states the following: ‘Unless the Court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.’

The Defendant argued that the Notice was a tactical action in order to avoid the case being struck out with the Defendant’s costs being awarded and being ordered as enforceable. The case was struck out, and the Notice set aside on the basis that there were no grounds of bringing the claim on the Notice of Discontinuance.

Can a late notice of discontinuance be set aside?

More recently, in the case of Edwards -v- Bristol City Council (2017) the defendant applied to set aside a late notice of discontinuance under CPR 38.4 on the basis that it was a tactical move to avoid the inevitable striking out of the claim with an enforceable costs order.