Q&As

If a settlement is reached between issue of the Claim Form and service, should a Notice of Discontinuance be filed? Or a Tomlin Order? Or is no procedural action needed and the Claim Form should simply be left to lapse?

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Produced in partnership with David Peter of Devereux Chambers
Published on LexisPSL on 18/10/2016

The following Dispute Resolution Q&A produced in partnership with David Peter of Devereux Chambers provides comprehensive and up to date legal information covering:

  • If a settlement is reached between issue of the Claim Form and service, should a Notice of Discontinuance be filed? Or a Tomlin Order? Or is no procedural action needed and the Claim Form should simply be left to lapse?
  • When do proceedings start?
  • Costs once proceedings have started
  • Discontinuance
  • Doing Nothing
  • Recording Settlement

If a settlement is reached between issue of the Claim Form and service, should a Notice of Discontinuance be filed? Or a Tomlin Order? Or is no procedural action needed and the Claim Form should simply be left to lapse?

If a claim is settled at any time after it is issued, it is advisable to enter into some form of settlement agreement. Once proceedings have started, discontinuance or simply letting a claim form lapse can have disastrous costs consequences.

When do proceedings start?

Pursuant to CPR 7.2, proceedings are commenced for the purposes of the CPR and associated costs and procedural rules upon issue of the claim form. For further details, see: Starting a claim or counterclaim—overview.

If the claim form is not served within the time limits specified in CPR 7.5, then the claim form will lapse and any subsequent attempt to serve the claim form would be out of time. However, that does not mean that the proceedings automatically come to an end at that point as the claimant could seek to apply for an extension of the time for service to enable it to serve the claim form and continue with the proceedings. Whether the court would make such an order would depend on the circumstances and in this case the carrying out of the agreed settlement provisions. See further Practice Note: Extending time

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