Ireland—Discontinuance of a claim
Produced in partnership with Gearóid Carey of Mason Hayes & Curran LLP
Practice notesIreland—Discontinuance of a claim
Produced in partnership with Gearóid Carey of Mason Hayes & Curran LLP
Practice notesWhat is discontinuance?
Discontinuance is the means by which a plaintiff can voluntarily bring all or part of the proceedings it has instigated to an end by serving a formal notice of discontinuance.
Discontinuance is different from a dismissal as it is not imposed by the court. It does not generally require a court hearing, although in certain circumstances as set out below, leave may be required and the court may impose terms. Discontinuance is well suited as a means to bring an end to proceedings where the matter is not listed for any substantive or interlocutory hearing.
Reasons for discontinuing
A plaintiff may wish to cease an action for any number of reasons, including:
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the parties (or certain parties) have reached a settlement
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facts have come to light meaning that the plaintiff cannot make out the claim (perhaps a ‘smoking gun’ has been found)
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the plaintiff may not wish certain facts to come to light at trial for commercial reasons
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the defendant has a ‘knock-out’ defence
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the plaintiff
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