Discontinuing a small claim

Claimant may stop small claim case at any moment and by any reason. Procedure of stopping claim called is discontinuance. Claimant has obligation to discontinue claim and notify court even if small claim was settled.

Fisrt of all if small claim was started online via MCOL, claimant may choose option “update claim status” and chose to stop claim. Next he need to file Notice of Discontinuance to the court and serve the copy of this letter to the defendant.  

Discontinuance letter is presented in the court form N279.

Procedure of stopping claim has been given in CPR Part 38:

Procedure for discontinuing


(1) To discontinue a claim or part of a claim, a claimant must –

(a) file a notice of discontinuance; and

(b) serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

The date of ending a small claim is the same date of serving form N279:


(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).