County court law/rules

[Scousebird333]

A claimant issues via bulk centre....
before defendant acknowledges claim it is discontinued.

Question... can they start/ reissue the claim again?

Reluctant to post too much in case they reading this 😉
Suffice to say discontine was after a telcon advising acc in dispute...
court have emailed confirming discontinued so no ack of claim needed.

Thanks

[Amethyst]

Re: County court law/rules

Yes. Basically.

If they discontinued after defence they would have to seek permission of the court, but if issues and discontinued before defence, or any application, they can bring it again. They'll just have lost their claim fee. I'll find the relevant CPR.

[Amethyst]

Re: County court law/rules

Right to discontinue claim

38.2

(1) A claimant may discontinue all or part of a claim at any time.



Discontinuance and subsequent proceedings

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[Scousebird333]

Re: County court law/rules

Many thanks.
I know claimant checked rule book... just wanted to make sure there was such a rule.