Jurisdiction(s):
United Kingdom

Key definition

Discontinuance definition

What does Discontinuance mean? In litigation, discontinuance is the claimant’s formal abandonment of all or part of a civil claim, or of proceedings against a particular defendant, ending that part of the case without a judgment on the merits. It is usually done by serving and filing a notice of discontinuance and can also apply to counterclaims and additional claims. It is often used after settlement or to narrow issues. England & Wales: governed by CPR Part 38. A claimant may discontinue all or part of a claim by notice, subject to limited permission requirements specified in the rules. The usual costs consequence...

Civil contempt applications under CPR 81 (England and Wales): compliance and defects, waivers, service issues, strike out and abuse of process, discontinuance and costs

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores the rigorous obligations governing contempt of court applications under CPR 81 (also known as 'committal proceedings'), and the court’s method of addressing procedural defects in contempt claims, including when the court might excuse non-compliance or strike out proceedings because of it. It further considers when a party may discontinue contempt proceedings, and the potential costs consequences of that choice. In broad terms, the procedural steps and matters to be proved are examined in greater detail in Practice Notes: Civil contempt proceedings—nature and legal framework, Civil contempt proceedings—application considerations, and Civil contempt proceedings—court order requirements, together with related materials covering each category of contempt.

Compliance with a strict regime

As set out in Practice Note: Civil contempt proceedings—application considerations—Compliance with a strict regime, compliance with the requirements of CPR 81 when making these applications is mandatory unless the court directs otherwise. The approach to be taken should centre on ensuring that every individual component of CPR 81 is satisfied before filing a contempt application. While the courts do possess a degree of discretion to waive particular requirements, ...

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Alexander West

Albion Chambers

Alexander West specialises in Matrimonial Finance, Regulatory Crime and Inquests.Having started his career with a City finance firm before moving to Linklaters LLP, Alexander now practices across the Western Circuit and beyond, undertaking a range of work across each of his areas of specialism. Alexander is a scholar of Middle Temple at GDL and BPTC level, and received the Sachs Award (top 5%) from City Law School for his results following the vocational element of his training. Alexander qualified as a mediator in 2010 and has since provided mediation training to barristers, solicitors and non-legal professionals, focusing on a facilitative approach to dispute resolution. Alexander is ranked by both Chambers & Partners and the Legal 500. ...

Web page updated on 21/05/2026

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