Costs of Discontinuance

Squiggle

The circuit court rules indicate that when a notice of discontinuance has been issued by the claimant that the defendant is entitled to his or her costs of defending the claim? How Are said costs recovered ?

chunkylover4

https://www.boards.ie/discussion/2058273173/costs-of-discontinuance

https://www.boards.ie/discussion/2058273173/costs-of-discontinuance

Generally you are entitled to costs up to the date of the discontinuance. You are entitled to enter a judgment set and then have the costs taxed. This is assuming you have a solicitor. If not, the trouble of recovery will be far greater than anything you can recover and this is something a solicitor should advise on. Depending on how far along the proceeding is, recovery will often be more hassle than it's worth assuming solicitor client costs are greater than party and party costs.

Claw Hammer

If the costs are not paid the discontinuance is not effective and the Defendant can motion the court to strike out the claim with an order for the Defendants costs of defending the claim. If the Defendant is unrepresented they will only be entitled to actual outlay. This would be minimal in a Circuit Court case which did not involve expert reports.