Q&As

Is it possible to dispense with service of a notice of discontinuance where a company has been dissolved?

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Published on LexisPSL on 12/10/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to dispense with service of a notice of discontinuance where a company has been dissolved?
  • Date of discontinuance
  • Costs of discontinuance

To discontinue a claim or part of a claim, a claimant must serve a copy of the notice of discontinuance on every other party to the proceedings. The claimant must state in the notice of discontinuance which they file that they has served notice of discontinuance on every other party to the proceedings.

See Practice Note: Discontinuance of a claim and see Commentary: Procedure for discontinuing: Halsbury’s Laws of England (11) [1035].

CPR 6.28 provides the court with the power to dispense with service of any document which is to be served in proceedings. An application needs to be supported with evidence and may be made without notice.

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