Discontinuance and Settlement

A claimant may discontinue their case at any time. Usually, they can do so without the permission of the Court. The Claimant will have to file a notice of discontinuance on the parties to the proceedings. This will normally result in costs being ordered against the Claimant so it is vital that a client is advised of this before discontinuance is proceeded with. If the discontinuance is proceeded with then the proceedings will simply come to an end.


A settlement is reached then it should be recoded in a Court order or Judgment. Such agreements can be reduced to a consent order or a Tomlin Order. A consent order is an order that the case be settled on a particular basis. It should have the words ‘by consent’ in the wording and it should be signed by all the parties. A Tomlin Order is an agreement to stay a claim on agreed terms that are set out either in the order itself or separately. If the parties wish to keep certain terms confidential then these can be set out in a separate document or in an annexe to the main order.