Notice of Discontinuance Costs – Greener Costs Advises
A notice of discontinuance is a notice that the claimant party files to formally end a legal claim or proceeding against the defendant. When the notice has been filed, costs will apply according to the civil procedure rules CPR 38.6 which state:
‘Unless the Court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.’
Notice of discontinuance costs refer to the fees and expenses that a party may incur when they discontinue their legal claim or proceeding. Typically, notice of discontinuance costs may include legal fees, court fees, and any other expenses associated with the legal claim or proceeding up to the point of discontinuance. These costs can vary depending on the complexity and duration of the legal case, as well as the specific circumstances of the discontinuance.
It’s worth noting that if a defendant makes an application to have a case struck out and is successful. then a costs order against the claimant is enforceable without approval from the court. In contrast, a notice of discontinuance follows qualified one-way costs shifting (QOCS) and the defendant’s costs would not be recoverable.
If you are considering discontinuing a legal claim or proceeding in the UK, it’s important to speak with an experienced legal professional to understand your rights and obligations, as well as the potential costs and consequences of discontinuing your case.
Case Study Edwards -v- Bristol City Council (2017)
As an example of a case in which both a notice of discontinuance and an application to have the case struck out are made, the defendant in the Edwards case made an application to the court to have the late filing of a notice of discontinuance set aside under CPR 38.4. This was due to the fact they suspected the claimant only filed the notice to avoid the case being struck out by the defendant, in which case the defendant’s costs would be awarded and enforceable.
The court decided that the case was to be struck out and the notice was set aside due to the lack of grounds to bring the case under a notice of discontinuance.
Things the court considers for a Notice of Discontinuance
When the court receives the application for a notice of discontinuance to be set aside and have the case struck out instead they must consider several factors, including:
- The fairness of the case being both struck out or having a notice filed
- The conduct of the claimant and their solicitors in the case
- Assessing whether the filing of a notice of discontinuance was a tactical move
- If the timing of filing a notice was questionable
How can Greener Costs assist?
Our team of Costs Draftsmen and Cost Lawyers have many years of experience surrounding costs drafting and negotiation. We are able to assist clients from all backgrounds on a range of cases, including clients that needed assistance with notice of discontinuance costs.
With our extensive knowledge and highly skilled team of Costs Draftsmen, we can provide law costing services to clients throughout England and Wales.
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