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cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 157
Experience:  and Mediator practicing in Cork, Ireland.
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If a claimant makes a notice for discoutinuance, can I, as

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If a claimant makes a notice for discoutinuance, can I, as the defendant, force the case to go ahead anyway ? Claimant has issued me with proceedings which are incorrect I believed (and I stated that to them previously) and is now trying to correct it's hand.

cmcsolicitor :

The plaintiff can discontinue his action in whole or in part at any time before the matter is set down for trial. He has to pay your costs to date. The costs would be "

cmcsolicitor :

..."taxed", in other words, the file would be sent to the taxing master - a neutral person - and the amount would be decided. Alternatively, the parties could agree on an amount and the action would be discontinued by agreement.


no too worried about costs, but want to know if I can force the case to go ahead as I believe the claimant is acting unlawfully and I want to force the issue as they will not talk with me or negotiate. I would be looking for the Judge to direct them to deal with me appropriately and fairly without further wasting court time with their games.

cmcsolicitor :

If the Notice that has been issued is to Discontinue the whole action, then that is what will happen - you can't force someone to sue you. If the Notice is to discontinue part of the action, then the case in respect of the rest of the matters will go ahead.

cmcsolicitor :

If you think that the plaintiff has done something unlawful that has adversely affected you, then perhaps you have an action against him. You could deal with this by way of counterclaim (if the action against you is continuing in part), or by way of a new claim on your own behalf against him.

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