Q&As

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

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 18/06/2018

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

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

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

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

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