Discontinuance meaning

Opposed business lease renewal—flowchart This flowchart outlines the process for an opposed renewal of a business lease under the Landlord and Tenant Act 1954 (LTA 1954). It covers timing for service of an opposed section 25 notice, or a section 26 request counter-notice identifying the ground(s) of opposition under LTA 1954, s 30(1), the commencement of opposed proceedings, filing statements of case, and the court’s ultimate order—termination or grant of a new lease, or discontinuance or dismissal of the claim If the tenant remains in occupation for business purposes after the contractual term ends, the lease continues automatically, provided the conditions in LTA 1954, s 23 are met Either party may end the statutory protection under the existing lease by serving a termination notice: landlord’s section 25 notice; tenant’s section 26 request; section 27 notice. This flowchart addresses opposed renewals only. For the unopposed renewal route, see: Unopposed lease renewal procedure—flowchart. Note 1: Diarise a date at least 12–18...

Advantage Insurance Co Ltd v Stoodley and another [2018] EWHC 2135 (QB), [2018] All ER (D) 79 (Aug) What are the practical implications of the judgment? Two key, practical takeaways arise from this decision. Substantive point: a motor insurer granting cover under a DOC extension is insuring a liability that must be provided for under section 145 of the Road Traffic Act 1988 (RTA 1988). Consequently, a DOC insurer may function not only as a contractual insurer but also as a hybrid insurer (a contractual insurer whose liability is adjusted by RTA 1988, s 148) or as a statutory insurer under RTA 1988, s 151. This will matter in situations where multiple insurers are involved. Procedural point: claimants who anticipate an adverse ruling cannot sidestep it by discontinuing before judgment and then attempting to re‑litigate the same issue. Where a claimant discontinues in those circumstances, a defendant would be well advised to seek an order setting aside the notice of discontinuance. Whilst the law...

In this issue: Company law, governance and regulatory matters New content Dates for your diary Weekly highlights from other practice areas Company law, governance and regulatory matters HM Treasury Regulation Action Plan includes simplified remuneration reporting and discontinuance of IA register The UK Government has set out sweeping measures to streamline corporate reporting under its Regulation Action Plan. The package targets a 25% reduction in business red tape (£5.6bn a year) and a modernised reporting regime, with legislation to strip out duplication across company accounts and directors’ reports. Planned headline changes include: companies will no longer need to prepare a directors’ report; some requirements will be abolished outright, with others repositioned elsewhere within the annual report, and most medium-sized private companies and wholly owned subsidiaries will no longer have to produce a strategic report These sit alongside implemented reforms that widen company size thresholds. Monetary limits defining small, medium and large...

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Litigation Dates for your diary Useful information Key DR developments Guidance Damages Claims Pilot under CPR PD 51ZB—updated guidance: HM Courts and Tribunals Service has refreshed the Damages Claims Portal (DCP) issue‑to‑response guidance for claims proceeding under CPR PD 51ZB. The revisions concentrate on settlement and discontinuance, allowing parties to notify the court directly through the DCP when a claim has been resolved or withdrawn. For further detail, see: LNB News 19/09/2025 44—Damages Claims Pilot under CPR PD 51ZB—updated guidance. Consultation Consultation on implementing the Singapore Convention on Mediation: The Ministry of Justice (MoJ) is consulting on how to implement the Singapore Convention on Mediation, following the UK’s signature on 3 May 2023. The consultation invites views on proposals for the Convention—which requires states to recognise and enforce international commercial settlement agreements resulting from mediation—to operate in the...

This Practice Note This Practice Note sets out how the Prudential Regulation Authority (PRA) conducts its formal administrative procedures under the Financial Services and Markets Act 2000 (FSMA 2000), with particular emphasis on Part XXVI (Notices), alongside the PRA’s statements of policy and procedure for reaching decisions... Outcomes may involve supervisory steps—such as varying or imposing requirements—or formal enforcement, including a public censure or a financial penalty, directed at PRA‑authorised firms or individuals... It explains the PRA’s decision‑making routes for issuing statutory notices under FSMA 2000, namely: Supervisory Notices Warning Notices Decision Notices Final Notices Notices of Discontinuance The Note also sets out how subjects can make representations, including orally, at a hearing before PRA decision‑making bodies such as the Supervision, Risk and Policy Committee (SRPC) or the Enforcement Decision Making Committee (EDMC)... The Securitisation Regulation 2024 (SI 2024/102) broadened the PRA’s enforcement remit to cover firms engaged in securitisation that are not PRA‑authorised. Under the...

Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms (PACT)...

There is some overlap between the doctrine of res judicata and the Henderson abuse principle, discussed below. Note too that these concepts intersect with the procedural basis for striking out a claim as an abuse of the court’s process under CPR 3.4(2)(b); see below and Practice Note: Strike out for abuse of process (civil) (CPR 3.4(2)(b))—Abuse of process by second proceedings. What is res judicata? A res judicata is a determination made by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of the matter decided so that those bound by the judgment cannot re-litigate it, save on appeal. Those bound by the ruling remain so unless and until altered on appeal. For further guidance on the purpose of, and when you can establish, a res judicata, see Practice Notes: The doctrine of res judicata Key requirements to establish a res judicata What is Henderson abuse? In a legal context,...

CLAIM NUMBER [ enter number ] [ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS, PROPERTY, TRUSTS AND PROBATE LIST (ChD) ] Concerning the estate of the late [ enter name of the deceased ] (Probate) [ enter name ] Claimant AND [ enter name(s) ] Defendant[s] Dated [ enter date ] APPLICATION NOTICE [ Enter name of the law firm ] I am [ Claimant OR Legal Representative OR [ provide particulars ] ] [ I represent [ if legal representative, identify party represented ] ]...

IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [ THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES ] In the Estate of [ name ] deceased SUMMONS LET [ name ], being the [ caveator OR person warning ], or his Solicitor, appear before [ the District Probate Registrar of the [ location ] District Probate Registry OR Probate Registry of Wales at [ address ] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High Holborn, London WC1V 6NP ] on [ date ] at [ time ] for the hearing of an application by [ name ], the [ person warning OR caveator ], seeking an order from the [ District Probate Registrar OR District Judge ] that caveat no. [ number ], entered on [ date ], shall cease to have effect. Dated: This Summons is issued by [ name of firm ] of [ address ], solicitors for [...

Case study A landlord serves a section 25 notice under the Landlord and Tenant Act 1954 (LTA 1954), ending the lease on the contractual expiry date and contesting any renewal on ground f. No claim has yet been brought. It is expected, however, that the tenant will start renewal proceedings, without making an interim rent application. The landlord has issued an invoice for the yearly rent, which the lease stipulates is payable in advance, covering the year commencing on the contractual expiry date... Assume for this Q&A that the tenant does issue proceedings, so the lease carries on beyond the contractual expiry date and the tenant stays in occupation, preserving protection under LTA 1954, Pt II... Further assume the parties remain in discussions about whether the tenant will vacate on the notice expiry, and that the lease requires rent to be paid annually in advance...

When a tenant qualifies to seek a fresh lease under Part II of the Landlord and Tenant Act 1954 (LTA 1954), expenses are liable to arise both through any litigation and in drafting a new lease that might, in the end, be granted without the need for a contested hearing. This issue concerns the degree to which the landlord may oblige the tenant to cover the costs it incurs in preparing that new lease after a discontinuance, for whatever reason... A tenant enjoying the protection of LTA 1954, Pt II will forfeit the right to claim a new tenancy unless proceedings are started within the time limits set by LTA 1954, s 29A, although those limits can be extended by written agreement and often are where negotiations are advancing with vigour. Because a failure to commence proceedings in time means the entitlement to a new lease is lost, even while the parties are negotiating, a prudent tenant will wish to safeguard its position by issuing a claim...