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Q&As
Is court approval needed for the discontinuance of a litigated personal injury claim where the claimant lacks capacity and is advised to discontinue. Can a notice be filed in the usual way or is court approval required?
Published on: 19 June 2018
CPR 21.10 requires the court’s approval for any ‘settlement, compromise or payment’ to be valid. There is no specific mention of discontinuance in any of the rules in CPR Part 21, or CPR PD 21.
This issue was considered by Keith J in Sayers
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Jurisdiction(s):
United Kingdom
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