The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
For the purposes of this Q&A, we have assumed that no settlement agreement was reached between the parties and that the entire claim has been discontinued.
CPR 38.5 provides that proceedings are brought to an end against the defendant on the date that the notice of discontinuance is served on the defendant. However, this does not affect proceedings to deal with the issue of costs.
CPR 38.6(1) provides that a defendant has a right to the costs they incurred up to and on the day the notice of discontinuance was served by the claimant on the defendant.
CPR 44.9 provides that in such a case a costs order will be deemed to have
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