Discontinuing claim

[Gold2]

Hi

I have a claim done via MCOL. I have received notification of Intended Allocation to Small Claims Track and have a mediation appointment in the next few days. However the defendant has just sent me, via their solicitor, information which if I had received after my initial solicitor's letter to them, would have led me to not start the proceedings. Other than that initial letter I am acting on my own without a solicitor.

So how best to discontinue?

I am concerned that if I simply discontinue via MCOL then costs may automatically be awarded against me as I haven't received a confirmation of allocation to the Small Claims Track. Equally I don't see a value in mediation with the information just received.

Any advice?

[pt2537]

Hi

I have a claim done via MCOL. I have received notification of Intended Allocation to Small Claims Track and have a mediation appointment in the next few days. However the defendant has just sent me, via their solicitor, information which if I had received after my initial solicitor's letter to them, would have led me to not start the proceedings. Other than that initial letter I am acting on my own without a solicitor.

So how best to discontinue?

I am concerned that if I simply discontinue via MCOL then costs may automatically be awarded against me as I haven't received a confirmation of allocation to the Small Claims Track. Equally I don't see a value in mediation with the information just received.

Any advice?

Difficult to advise without the full facts, but in general terms if you want to avoid costs why not have the Claim dismissed by a consent order which means the Claim ends and as part of the order you coudl say no order as to costs.

[Gold2]

I've not come across dismissal by consent order - how would that be initiated?

[pt2537]

I've not come across dismissal by consent order - how would that be initiated?

you would need the othersides consent first, so you would have to speak to them, and get them to agree your terms, then you could have a consent order prepared that says

Upon the parties agreeing to the disposal of the claim as set out below

By Consent

IT IS ORDERED THAT

1) The Claim is dismissed
2) There be no order as to costs


You would need ot put each parties addresses on the order and the signature part too, maybe oif the other side is represented they will draft it for you?