Notice of discontinuance

[N.S.E1959]

Hi,

A neighbour made a financial claim against a family member for damage to boundary fence after communication severely broke down. They were unable to come to an agreement in mediation so it progressed to small track claims court. However, thanks to another neighbour a resolution has been agreed and put in writing. If the neighbour completes the N279 form to discontinue will that be the immediate end of it all or will the neighbour be liable for my parents legal fees, expert fees etc? Presumably if this was the case why would the neighbour be willing to discontinue the claim? Surely they chance their luck and continue with a court hearing. Hope that makes sense.

[atticus]

I would discontinue having obtained a strict assurance that if I do so costs will not be sought from me.

[N.S.E1959]

Thank you

[pt2537]

I would discontinue having obtained a strict assurance that if I do so costs will not be sought from me.

Given its a small claim its more tricky to get the Court to award solicitors costs. You could apply to the Court for a costs order, but as Atticus says normally you would simply seek an undertaking that if you discontinue its on the basis of no order as to costs.

[dslippy]

Why not just incorporate the full agreement within the court order?