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KembaraXtra – Legal Terms – Notice of Discontinuance
A notice of discontinuance is a formal notice used in civil proceedings when a claimant voluntarily decides to abandon all or part of a legal claim.
Under Part 38 of the Civil Procedure Rules, the claimant may discontinue proceedings at almost any stage by filing the notice with the court and serving copies on the other parties involved.
Where there is more than one defendant, the claimant may discontinue the claim against some defendants while continuing against others.
However, court permission may be required in certain situations, such as where an interim injunction has already been granted, where the claimant has received an interim payment, or where multiple claimants are involved in the proceedings.
A notice of discontinuance is a formal notice used in civil proceedings when a claimant voluntarily decides to abandon all or part of a legal claim.
Under Part 38 of the Civil Procedure Rules, the claimant may discontinue proceedings at almost any stage by filing the notice with the court and serving copies on the other parties involved.
Where there is more than one defendant, the claimant may discontinue the claim against some defendants while continuing against others.
However, court permission may be required in certain situations, such as where an interim injunction has already been granted, where the claimant has received an interim payment, or where multiple claimants are involved in the proceedings.
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