Showing results for tags 'discontinues'.
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Could someone please clearify the following, my understanding is that if the claim is discontinued before allocation then automatic cost apply. But what happens if the claimient is discontinued after allocation to the small claims track but before the hearing date. I am finding it very difficult to find any information on this, from the following it seems that costs do not apply. CPR 38.6(1) says:- "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." CPR 38.6(3) goes on to say:- "This rule does not apply to claims allocated to the small claims track"
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