Ireland—Discontinuance of a claim

Produced in partnership with Gearóid Carey of Mason Hayes & Curran LLP
Practice notes

Ireland—Discontinuance of a claim

Produced in partnership with Gearóid Carey of Mason Hayes & Curran LLP

Practice notes
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What 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:

  1. the parties (or certain parties) have reached a settlement

  2. facts have come to light meaning that the plaintiff cannot make out the claim (perhaps a ‘smoking gun’ has been found)

  3. the plaintiff may not wish certain facts to come to light at trial for commercial reasons

  4. the defendant has a ‘knock-out’ defence

  5. the plaintiff

Gearóid Carey
Gearóid Carey

Gearóid Carey is a partner in Mason Hayes & Curran’s Dispute Resolution team. He specialises in commercial litigation, with a particular emphasis on contractual and technology disputes. He has extensive experience in a wide range of commercial litigation matters across a range of industry sectors and has particular experience in disputes concerning breach of warranty claims, as well as advising as to shareholder disputes, the termination of contracts and jurisdictional issues in respect of transnational litigation. He has also acted and advised regarding numerous aviation matters, and also has regulatory experience, particularly in the telecommunications sector. He has substantial experience in multi-party matters involving expedited case management in the Commercial Court and advises in respect of all aspects of the litigation process. He also has practical experience of other means of dispute resolution, including mediations and expert determinations, as well as particular experience in arbitrations, both domestic and international. He has published widely in various journals with a focus on procedural topics and is a tutor at the Law Society of Ireland. He trained and qualified with a large City of London firm, where he served as a Judicial Assistant at the Court of Appeal, before returning to Ireland where he has since worked at another large commercial firm before joining Mason Hayes & Curran. He is a graduate of University College Cork (where he also tutored) and is a Member of the Chartered Institute of Arbitrators.

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Jurisdiction(s):
Ireland

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