The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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. This has specific costs consequences which are set out in CPR 38.
For information on the process of discontinuance, which is when a claimant brings all or part of the proceedings to an end, see Practice Note: Discontinuance of a claim.
Where a proceedings are simply abandoned by a claim eg they issue proceedings and then serve the claim form, this is not a formal discontinuance and the provisions in CPR 38 will not apply.
For an example of a case where the court was required to determine on the facts whether it was dealing with discontinuance for costs purposes or not, see Dainford Navigation v PDVDS Petroleo.
Where there is no discontinuance but the defendant seeks costs recovery, the court has the discretion to make a costs order. For guidance, see Practice Notes:
Pre-action—costs recovery—or the circumstances in which costs incurred during the pre-action phase may be recoverable
Cost orders—the general rule and the court's discretion which looks at the judges discretion to make a costs order
When a claimant discontinues an action, one of the central issues for defendants is whether they can recover the costs they
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.