Plaintiff trying to discontinue case but I am opposing it

**atticus** · 17th October 2022, 06:05:AM

This Claimant does not need permission of the court to discontinue the claim against you. You may claim payment of your legal costs.

You can be called as a witness by your employer. Have you given your employer a detailed statement?

**R0b** · 17th October 2022, 09:45:AM

You can oppose the discontinuation of the claim against you, but you need to make an application to set it aside using Form N244 and explain your reasons.

**atticus** · 17th October 2022, 09:55:AM

That would be an application under CPR 38.4: https://www.justice.gov.uk/courts/pr...es/part38#38.4

Such an application would need to be supported by a clear statement why it would be unjust to allow the discontinuance to stand, and why payment of costs per CPR 38.6 (https://www.justice.gov.uk/courts/pr...es/part38#38.6) is insufficient in this case.

**R0b** · 17th October 2022, 10:15:AM

^ Yep, although we don't know the value amount being claimed so if it's under £10k and the matter is already allocated to the small claims then costs would not be recoverable, but that may be an argument as to why it should be set aside if costs is being sought. It doesn't sound like costs is the issue rather the OP just wants their day in court.

**atticus** · 17th October 2022, 11:17:AM

But "having your day in court" is not generally encouraged by the courts/court system. The OP needs to understand this.

**dslippy** · 17th October 2022, 12:03:PM

. . and the implications for any costs order.

**jaguarsuk** · 17th October 2022, 12:40:PM

Originally posted by Balood31 View Post

I strongly suspect that my former employer would be happy to settle, as they are a public body with deep pockets. The plaintiff, who is legal aid funded, wants to discontinue the case against me but continue the case against my former employer. They are claiming the reason for this, is that I do not have any money to pay damages etc but I feel the real reason is that if the plaintiff comes to court, I can prove beyond a reasonable doubt that they lied to the police and others.

If the employer wishes to settle, they will be the only defendant and should conduct the claim in the manner they wish. Provide a witness statement with your proof to the employer and that will allow them to consider their full legal position in determining how they wish to conduct the claim.

Originally posted by Balood31 View Post

You may think it is silly but I am actually opposing the discontinuation of the case against me, as I want the plaintiff to have to attend court and answer questions under oath. I am trying to recover from the damage this person has done to my reputation and mental health.

You will not get any 'costs' for these things and if they attend court there will be no oath. There's an expectation to tell the truth, but it's not TV and there will be no grand swearing on a religious book.

If you can quantify the cost in pounds sterling of 'the damage this person has done to my reputation and mental health' then you could bring your own claim, but you'll have to be able to evidence it in order to succeed. Oh and you'll need deep pockets as unless both parties agree defamation claims are heard in the High Court regardless of value with all the associated costs one would expect with the High Court.

Originally posted by Balood31 View Post

I would like to know if anyone can explain how the plaintiff can attempt to discontinue the case against me but still continue it against my former employer. How are they going to show that my former employer is vicariously liable for my actions, if they don't first prove I am guilty of a tortious act?

Does anyone know if any precedents were a case against an employee is dropped but continued against an employer?

Because it's their claim and they can decide to conduct it how they wish, so if they no longer want to pursue you personally they can discontinue.

While you are representing your employer they are liable for your actions because you are doing so in their name. Now, there may be policies or other mechanisms that limits that liability, but it is generally held that the employer is responsible for you. Consequently if the Claimant has suffered some sort of loss as a consequence of your actions while you were acting on the employers behalf, the Claimant is fully entitled to hold your employer liable.

The Claimant does not have to prove that you as a personal individual entity did anything, merely what your actions were when representing the employer that caused them a loss.

**Balood31** · 14th March 2023, 16:07:PM

The plaintiff has now applied to the court to discontinue the case against me. As I suspected they are claiming that, as I have no money to pay any award of costs or damages, they do not want to carry on the case against me. They have done a financial assessment of me, and supplied it to legal aid in order to get permission from them to stop their claim against me. The issue I have is that, the claim started over 4 years ago and at the time of their original application the plaintiff should have supplied the LSA with a financial assessment of me. As there has been no change in my circumstances in these 4 years, I am wondering how they were granted legal aid originally?

Plaintiff trying to discontinue case but I am opposing it