Understanding N279 Notice of Discontinuance form

[Skymagic]

Understanding N279 Notice of Discontinuance form

Hi

I would be very grateful if somebody could advise me on the N279 form. I have had a claim in Small Claims Court since last December which I now wish to discontinue. I know that the N279 for is the correct document to use but I am confused by the way the form is laid out. I can't find, despite extensive searches, any guidance/advice on how to complete it correctly. There is a blank field where a Judge's name needs to be entered who has "granted permission for the claimant to discontinue..."

https://assets.publishing.service.go...4/n279-eng.pdf

Does this mean I have to send this form ONLY to the court for the Judge to grant permission and then I later serve a copy of it to every other party complete with the Judge's name? Or do I send the form to the Court AND the defendant and leave the name of the Judge blank? My confusion is caused by the phrase "I certify that I have served a copy of this notice on every other party to the proceedings".

I have ticked the box indicating that all of the claim should be discontinued. However, underneath that, there is a blank space; does this need to be filled in with the original particulars of the claim or does the blank space only apply if you have ticked " discontinues that part of this claim (counterclaim) relating to: (specify which part) " and you fill it in with the specific part/s?



Thanks to anyone who can help with this.

[atticus]

That part is in brackets. It only applies if yours is a case in which permission to discontinue is required.

As to whether permission is required, see CPR 38.2(2)

https://www.justice.gov.uk/courts/pr...l/rules/part38

[Skymagic]

Thank you so much. The link was extremely useful and clarified what I needed to know.