Jurisdiction(s):
United Kingdom

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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...

Expiry, Discontinuance and Post-Expiry Proceedings under Deferred Prosecution Agreements in England and Wales

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Practice notes

For further information and guidance about what Deferred prosecution agreements (DPAs) are and how they operate, see Practice Note: Deferred prosecution agreements.

When does a deferred prosecution agreement expire?

A DPA generally ends on the date set out as a term of the Agreement, unless it is brought to an end for breach. See Practice Note: Breach of a DPA.

The SFO has released details and information on how DPAs it has agreed have been complied with. This material can be found within the SFO’s website.

Several DPAs agreed to date include built-in flexibility through terms allowing an early conclusion, if the financial penalties, costs and disgorgement of profits elements are satisfied (see SFO Deferred Prosecution Agreement with Rolls-Royce and SFO Deferred Prosecution Agreement with Sarclad).

For more on the DPAs entered into so far, including operative periods, see Practice Note: DPAs entered into to date—tracker.

A DPA is not to be treated as having expired if, on the expiry date specified in the DPA:

an application made by the prosecutor under paragraph 9 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013) (an allegation of breach of the terms of the DPA) has not yet been

...

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Web page updated on 21/05/2026

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