England and Wales Case Law

KXO & Anor v Devon County Council

The Court’s permission or approval is not required for the discontinuance of these claims under CPR 38 or CPR 21.10 because the notice was unilateral and not pursuant to a settlement or compromise. The Notice of Discontinuance brought the proceedings to an end as of 5 January 2026, save for costs. The claims were in any event totally without merit due to the availability of an alternative statutory remedy. The Claimant’s Litigation Friend is liable for the Defendant’s costs, to be assessed if not agreed, but not to be enforced without leave of the Court.

Source excerpt

• Judicial review procedure
• Discontinuance of proceedings
• Reasonable adjustments
• Costs orders
• Children and families act 2014
• Special educational needs

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Tomasz Danielewicz v Jessica Cannon & Anor.

Permission to continue the third claim is refused because the claimant and his legal representatives failed to provide a sufficient or persuasive explanation for the repeated procedural errors and discontinuance of two previous claims. Ignorance of procedure is not an adequate justification. The absence of evidential prejudice and the ongoing limitation period for a protected party do not outweigh the public interest in finality of litigation and proper use of court resources. The application is dismissed and the claim is struck out.

Source excerpt

• Discontinuance of proceedings
• Permission to bring subsequent claim
• Abuse of process
• Service of claim form
• Protected parties

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Maia Luxury Ltd v Luxierge Ltd & Anor

Maia Luxury Ltd v Luxierge Ltd & Anor [2024] EWHC 454 (KB) (01 March 2024)

The High Court dismissed a strike-out application in a repeat commercial claim, holding the earlier discontinuance did not make the new proceedings an abuse of process.

• Abuse of process
• Henderson v henderson principle
• Discontinuance of proceedings
• Res judicata
• Sale of goods
• Misrepresentation

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VALE S.A. v BENJAMIN STEINMETZ

The Commercial Court dismissed all claims after the claimants admitted the claims were time-barred, holding dismissal was the proper disposal rather than discontinuance.

• Limitation periods
• Discontinuance of proceedings
• Dismissal of claims
• Civil-procedure
• Limitation-periods
• Discontinuance

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Wickham v Riley & Ors

Wickham v Riley & Ors [2020] EWHC 3711 (Fam) (25 November 2020)

The court held that the claimant had capacity when he discontinued his inheritance claim, the discontinuance was effective, and costs followed discontinuance.

• Inheritance (provision for family and dependants) act 1975
• Mental capacity
• Civil procedure rules
• Discontinuance of proceedings
• Costs
• Limitation period

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Wickham v Riley & Ors

The High Court held that the applicant had capacity when he discontinued and granted permission to reissue an inheritance claim out of time.

• Inheritance claims
• Discontinuance of proceedings
• Litigation capacity
• Extension of limitation period
• Case management
• Inheritance-claims

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Westminster City Council v Secretary of State for Housing Communities and Local Government

The court criticised a claimant council for late notice of discontinuance and delay in settling costs, but made no additional costs order for the hearing.

• Discontinuance of proceedings
• Costs orders
• Case management
• Compliance with court orders
• Settlement procedure
• Planning-law

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Sheinberg v Abdon & Ors

The High Court held that although the claimant discontinued, the defendants’ unreasonable conduct justified departing from the usual costs rule, resulting in no order as to costs.

• Discontinuance of proceedings
• Costs orders
• Corporate governance
• General meetings
• Statutory accounts
• Civil-procedure

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Barons Finance Ltd v Barons Bridging Finance 1 Ltd & Anor

Barons Finance Ltd v Barons Bridging Finance 1 Ltd & Anor [2019] EWCA Civ 2074 (26 November 2019)

Court of Appeal upheld discontinuance against Mr Gopee and refused an adjournment, holding alleged post-petition assignments to him were void under section 127.

• Section 127 insolvency act 1986
• Transactions at an undervalue
• Preferences
• Transactions defrauding creditors
• Discontinuance of proceedings
• Costs

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Stati & Ors v The Republic of Kazakhstan

Stati & Ors v The Republic of Kazakhstan [2019] EWHC 1715 (Comm) (02 July 2019)

The Commercial Court awarded Kazakhstan costs after the claimants discontinued enforcement proceedings, with indemnity costs from 19 July 2017 and £1.3 million on account.

• Enforcement of foreign arbitral awards
• Costs (indemnity and standard basis)
• Discontinuance of proceedings
• Fraud allegations in arbitration
• Arbitration-enforcement
• Indemnity-costs

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