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Discontinuing a small claims case


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My wife is the claimant in a claim that has been allocated to the small claims track.The hearing has been allocated to a court that is a long way from our home and, with young children to look after, she's decided not to attend the hearing.Having thought about it, she feels that it is more likely than not that, given that she is not attending in person, the judge will find in the defendant's favour. She therefore feels she is better off issuing a notice of discontinuance and being refunded the hearing fee to reduce her losses.Is it right that the correct form for discontinuance is a N279? Many thanks

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Hi John

 

It is the correct way to issue a Notice of Discontinuance...copy to the defendant and the court.However you are allowed to submit a Witness Statement in absence...always better to attend but it is an alternative.

 

Regards

 

Andy

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