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discontinuance & "drop hands" offer

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  • discontinuance & "drop hands" offer

    This is a possession claim - secure tenancy. S.83 Housing Act 1985
    Claimant is a LA. Defendant filed a Defence. The essence of that Defence is that no tenancy ever formed.
    There is a possession hearing in 7 days. Claimant has vacant possession - Defendant never occupied.

    The Claimant has offered to discontinue its claim provided that each party bears its own costs. The claimants costs are filed N260 at £3,500. D is a LIP & intends to file his N260 today in about the same amount.

    The question?

    Is linking discontinuance to a "drop hands" offer an abuse of process?
    Tags: None

  • #2
    No abuse of process.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      No but the party offering discon on bearing costs is probably going to lose so if your the other side id go for the claim

      Comment

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