The following Dispute Resolution guidance 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
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