Q&As

When settling a claim in the small claims track (a) can the parties simply file correspondence confirming their settlement without the need to file a consent order and so, importantly, avoid the need to pay a fee for filing a consent order, and (b) can the claimant simply discontinue the claim and avoid any liability for costs to the defendant on the basis it is a small claims track case? The context to the question is that defendants in such cases may adopt the position that it is cheaper for the claimant to discontinue or simply file correspondence as to the settlement, and so refuse to pay the fee required when filing a consent order.

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Published on LexisPSL on 08/06/2021

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

  • When settling a claim in the small claims track (a) can the parties simply file correspondence confirming their settlement without the need to file a consent order and so, importantly, avoid the need to pay a fee for filing a consent order, and (b) can the claimant simply discontinue the claim and avoid any liability for costs to the defendant on the basis it is a small claims track case? The context to the question is that defendants in such cases may adopt the position that it is cheaper for the claimant to discontinue or simply file correspondence as to the settlement, and so refuse to pay the fee required when filing a consent order.
  • Disposing of small claims proceedings
  • General
  • Disposing of proceedings by filing a consent order
  • Ending proceedings by discontinuance

When settling a claim in the small claims track (a) can the parties simply file correspondence confirming their settlement without the need to file a consent order and so, importantly, avoid the need to pay a fee for filing a consent order, and (b) can the claimant simply discontinue the claim and avoid any liability for costs to the defendant on the basis it is a small claims track case? The context to the question is that defendants in such cases may adopt the position that it is cheaper for the claimant to discontinue or simply file correspondence as to the settlement, and so refuse to pay the fee required when filing a consent

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