Is a discontinuance against me because I cannot afford to pay damages or costs

[Balood31]

Hi

I am in Northern Ireland

Is a discontinuance against me because I cannot afford to pay damages or costs considered to be down to my advantage. The reason I am asking is that I want to sue them for malicious civil prosecution and can only do it if the case ended in my favour, so is discontinuance because I cannot pay considered in my favour?

[dslippy]

No. It is not a finding on the facts in your favour.

[atticus]

Do the NI court rules provide that a claimant who discontinues should pay the defendant's costs?

[Balood31]

Do the NI court rules provide that a claimant who discontinues should pay the defendant's costs?

Yes they do but the claim is on benefits and therefore no point asking for them. I am a LiP so only can claim for a small amount. I can however claim against the Legal Service Agency as they have rules to allow defendants who win and may suffer hardship to claim from them. I may do that.