Form N279: Notice of Discontinuance — How to Withdraw Your Claim (2026 Guide)

Form N279: Notice of Discontinuance — How to Withdraw Your Claim in England and Wales (2026 Guide)

Sometimes a claimant needs to withdraw a claim. The reasons vary widely: a settlement has been reached on informal terms, the evidence has not materialised as expected, the costs of continuing outweigh the potential recovery, or circumstances have simply changed. Whatever the reason, the formal mechanism for withdrawing a claim (or part of a claim) in the civil courts of England and Wales is called discontinuance, and the form you use is Form N279.

This guide explains the rules around discontinuance under CPR Part 38, the automatic cost consequences that follow, when you need the court’s permission to discontinue, and the practical steps for completing and filing the form.

When Do You Need Form N279?

You need Form N279 when you are a claimant and you want to stop pursuing your claim (or part of your claim) against one or more defendants. Discontinuance is a unilateral step — in most cases, you do not need the defendant’s agreement to discontinue. You simply serve the notice and the claim stops.

Common reasons for discontinuance include:

• Settlement. You have reached a deal with the defendant and want to formally end the proceedings. (Note: if you are recording the settlement in a court order, you may use a consent order instead — see our consent order guide.)
• Lack of evidence. Your case has weakened and you no longer think you can succeed at trial.
• Cost-benefit analysis. The costs of continuing to trial outweigh what you might recover.
• Change of circumstances. The underlying dispute has been resolved outside the litigation, or the issue has become academic.
• Tactical withdrawal. You want to withdraw one claim or one defendant while continuing against others.

You can discontinue all or part of your claim. You can discontinue against all defendants or just some of them. The form allows you to specify exactly what you are discontinuing.

The Automatic Cost Consequences of Discontinuance

This is the single most important thing to understand about discontinuance. Under CPR Rule 38.6, when a claimant discontinues, they are automatically liable to pay the defendant’s costs of the proceedings up to the date of discontinuance. This is not discretionary — it happens automatically unless the court orders otherwise.

The automatic costs rule means:

• The defendant can file their bill of costs and you must pay it.
• The costs are assessed on the standard basis if not agreed.
• The liability arises automatically on the date of discontinuance. You do not need to wait for a court order.
• The defendant does not need to apply to the court for a costs order. The entitlement exists by operation of the rules.

This automatic costs liability is a major factor in any decision to discontinue. Before you file Form N279, you must consider how much the defendant’s costs are likely to be and whether you can afford to pay them.

Can you avoid the automatic costs liability?

In some circumstances, yes. Under CPR 38.6(1), the automatic costs liability applies “unless the court orders otherwise.” This means you can apply to the court for an order that the usual costs consequences should not apply, or should apply in a modified form. However, the court will only make such an order if there are good reasons, and the burden is on the claimant to persuade the judge.

Examples where the court might modify the costs consequences include:

• Where the defendant’s conduct caused the need to discontinue (for example, the defendant provided misleading information that led to the claim being brought)
• Where the discontinuance is prompted by a change in the law after proceedings were issued
• Where the claim was brought in the public interest
• Where part of the claim is being discontinued while another part continues

These are exceptions, not the norm. In most cases, if you discontinue, you will pay the defendant’s costs.

When Do You Need the Court’s Permission to Discontinue?

In most straightforward cases, you can discontinue as of right — you simply file and serve the notice. However, there are specific situations where you need the court’s permission before you can discontinue:

1. Where the court has granted an interim injunction or undertaking.

If the court has made an interim injunction in the proceedings, or if any party has given an undertaking to the court, you cannot discontinue without the court’s permission. This is because discontinuance could affect the status of the injunction or undertaking, and the court needs to control what happens.

2. Where a party has made an interim payment.

If the defendant has made an interim payment (whether voluntarily or by court order), you need permission to discontinue. This is to protect the defendant’s position regarding the interim payment.

3. Where there are multiple claimants.

If there is more than one claimant and the claimants do not all agree to discontinue, the discontinuing claimant needs the court’s permission. This protects the other claimants’ interests.

4. Where the claimant has received a costs order or interim payment that has not been satisfied.

If the claimant is owed money under a costs order or has received an interim payment, the court’s permission may be needed to ensure these financial matters are properly dealt with.

5. Where statute requires permission.

In certain types of proceedings, specific legislation requires the court’s permission for discontinuance.

If you need the court’s permission, you must make an application (usually using Form N244) before filing the notice of discontinuance. The court will consider the circumstances and decide whether to grant permission and on what terms.

Step-by-Step: How to Discontinue Using Form N279

Step 1: Decide What You Are Discontinuing

Before you complete the form, be clear about the scope of your discontinuance:

• Are you discontinuing the entire claim or only part of it?
• Are you discontinuing against all defendants or only some?
• If partial discontinuance, which causes of action or parts of the claim are you withdrawing?

Step 2: Check Whether You Need Permission

Review the list above. If any of the situations requiring permission apply to your case, you must apply to the court first. Do not file the notice of discontinuance until you have obtained the court’s permission.

Step 3: Consider the Cost Consequences

Before you proceed, calculate or estimate the defendant’s likely costs. Consider whether you want to apply for the automatic costs consequences to be varied. If so, you will need to make a separate application to the court.

Step 4: Obtain and Complete Form N279

The form requires the following information:

• The court name and claim number
• The names of the parties
• A clear statement of what is being discontinued (the whole claim, part of the claim, or the claim against specific defendants)
• If partial discontinuance, a precise description of which parts of the claim are being discontinued
• Confirmation of whether the court’s permission was required, and if so, the date permission was granted
• A statement regarding costs

Step 5: Sign the Form

The claimant (or their legal representative) must sign the form. If you are a self-represented litigant, you sign it yourself.

Step 6: File at Court

File the completed form at the court where the case is being managed. You can usually file by post, in person, or (at some courts) by email. Check the specific court’s procedures.

Step 7: Serve on the Defendant(s)

You must serve a copy of the notice on every defendant against whom you are discontinuing. Service must comply with CPR Part 6. You must also serve any other party to the proceedings.

Step 8: Serve Any Relevant Third Parties

If the claim has been the subject of an assignment or charge, you may need to notify any assignee or charge-holder. If the Legal Aid Agency is involved, they must also be notified.

Key Deadlines

What Happens After You Discontinue

Costs. The automatic costs consequences kick in immediately. The defendant is entitled to their costs up to the date of discontinuance. If costs cannot be agreed, the defendant can commence detailed assessment proceedings.

The claim is at an end. Once you discontinue, the claim (or the discontinued part of it) is finished. The court file will be updated to reflect the discontinuance.

Can you bring a fresh claim? Yes, but with important caveats. CPR Rule 38.7 states that a claimant who discontinues needs the court’s permission to bring another claim against the same defendant arising out of the same or substantially the same facts. This prevents claimants from discontinuing and immediately re-issuing to avoid a tactical disadvantage. The court will only grant permission if there is a good reason.

Additionally, the limitation period continues to run. Discontinuance does not stop the clock. If the limitation period has expired by the time you try to bring a fresh claim, you will be time-barred regardless of whether you have the court’s permission.

Can the defendant apply to set aside the discontinuance? In some circumstances, yes. A defendant can apply to have the discontinuance set aside if there was an abuse of process or if the discontinuance was invalid (for example, if permission was required but not obtained). The court has an inherent jurisdiction to control its own process and can set aside a discontinuance in exceptional circumstances.

What about counterclaims? Discontinuance of the claim does not automatically discontinue a counterclaim. If the defendant has brought a counterclaim, that continues regardless of the claimant’s discontinuance. The defendant can pursue the counterclaim to trial even though the original claim has been withdrawn.

Common Mistakes to Avoid

1. Forgetting about the automatic costs consequences. Too many claimants file a notice of discontinuance without realising they will be automatically liable for the defendant’s costs. This can result in a nasty surprise when the defendant’s costs schedule arrives. Always factor in the costs before deciding to discontinue.

2. Discontinuing without permission when permission is required. If you discontinue without obtaining the necessary court permission (for example, where there is an interim injunction in place), the discontinuance may be invalid and the defendant can apply to set it aside. Check the requirements carefully before you file.

3. Assuming discontinuance ends all obligations. Discontinuance ends the claim, but it does not end your obligation to pay the defendant’s costs, and it does not affect any counterclaim. Make sure you understand the full picture before you file.

4. Not specifying the scope of discontinuance clearly. If you are discontinuing part of the claim or against only some defendants, the form must be precise. A vague or ambiguous notice can cause confusion and may require a further application to the court to clarify.

5. Thinking you can re-issue the same claim freely. Under CPR 38.7, you need the court’s permission to bring a fresh claim based on the same facts against the same defendant after discontinuance. And you must still be within the limitation period. Discontinuance is not a cost-free pause button.

6. Not serving the notice properly. The notice must be served on all defendants and filed at court. Failure to serve properly means the discontinuance may not take effect, leaving you in an uncertain procedural position.

7. Discontinuing to avoid an unfavourable judgment. If the court suspects that the discontinuance is tactical (for example, discontinuing on the day of trial to avoid a judgment that would create a precedent), the court may refuse to allow it or may impose terms. The court has the power to control its own process and prevent abuse.

8. Not considering alternatives. Before discontinuing, consider whether there are better options. A consent order recording a settlement may be preferable if you have reached terms with the other side. A stay of proceedings may be appropriate if you want to pause rather than end the case. A Tomlin order can record settlement terms while keeping the court’s ability to enforce them. Discontinuance is final, so make sure it is the right choice.

The Rules That Apply

The rules governing discontinuance are found in:

• CPR Part 38 — The core rules on discontinuance, including the right to discontinue (38.2), permission requirements (38.2(2)), the procedure (38.3), and the cost consequences (38.6).
• CPR Rule 38.7 — The restriction on bringing a fresh claim after discontinuance.
• CPR Part 44 — General costs rules, which apply to the assessment of costs following discontinuance.
• CPR Part 6 — Rules on service of documents, which apply to service of the notice of discontinuance.
• CPR Part 25 — Interim remedies, relevant where interim injunctions or payments are in place and permission to discontinue is required.

Related Court Forms & Guides

• Form N260: Statement of Costs — discontinuance triggers automatic costs under CPR 38.6, and those costs are usually assessed summarily on an N260.
• Form N244: Application Notice — used to apply for the court’s permission to discontinue, or to vary the automatic costs consequences.
• Form N9B: Defence and Counterclaim — a counterclaim survives your discontinuance and can still proceed to trial.
• Particulars of Claim — the claim you are now withdrawing.
• How to Start a Money Claim Online (OCMC) — where most discontinued claims began.
• OCMC Money Claims (PD51R) — the online procedure rules for money claims.
• Civil Court Forms Index — every civil court form guide in one place.

How Chris Can Help

Deciding to discontinue is one of the biggest decisions in litigation. It means accepting that the claim is over and that you will likely have to pay the other side’s costs. Chris, your document assistant at eLitigant, can help you weigh up the options, estimate the potential costs liability, and decide whether discontinuance is the right course of action.

If you do decide to discontinue, Chris can help you complete Form N279 correctly, check whether you need the court’s permission, and make sure the notice is properly served on all parties. Chris can also help you explore alternatives to discontinuance, such as settlement via a consent order or a stay of proceedings, which may achieve a better outcome depending on your circumstances.

If you have already discontinued and the defendant is seeking costs, Chris can help you understand the costs assessment process and, if appropriate, prepare an application to vary the automatic costs consequences.

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Frequently asked questions

What is Form N279 used for?

Form N279 is the Notice of Discontinuance. A claimant uses it to stop pursuing a claim, or part of a claim, against one or more defendants in the civil courts of England and Wales. Discontinuance is usually a unilateral step — in most cases you do not need the defendant’s agreement; you serve the notice and the claim (or the discontinued part) comes to an end.

What are the cost consequences of discontinuing?

Under CPR Rule 38.6, when a claimant discontinues they are automatically liable to pay the defendant’s costs of the proceedings up to the date of discontinuance. This is not discretionary — it happens automatically “unless the court orders otherwise.” Before filing, you should estimate the defendant’s likely costs and consider whether you can afford them.

Do I always discontinue as of right, or do I sometimes need the court’s permission?

In most straightforward cases you can discontinue as of right. But permission is required in specific situations — for example where the court has granted an interim injunction or an undertaking has been given, where an interim payment has been made, where there are multiple claimants who do not all agree, or where a statute requires it. If permission is needed, you apply first (usually using Form N244) before filing the notice.

Can I bring a fresh claim after I discontinue?

You can, but with caveats. CPR Rule 38.7 means a claimant who discontinues needs the court’s permission to bring another claim against the same defendant arising out of the same or substantially the same facts. The limitation period also continues to run — discontinuance does not stop the clock — so a fresh claim may still be time-barred.

What happens to a counterclaim if I discontinue my claim?

Discontinuing your claim does not automatically discontinue a defendant’s counterclaim. If the defendant has brought a counterclaim, it continues regardless of your discontinuance and the defendant can pursue it to trial even though the original claim has been withdrawn.

Can a discontinuance be set aside?

In some circumstances, yes. A defendant can apply to have a discontinuance set aside where there has been an abuse of process, or where the discontinuance was invalid — for example where permission was required but not obtained. The court has an inherent jurisdiction to control its own process and may set a discontinuance aside in exceptional circumstances.

Related guides: Form N244 application notice · Form N434 notice of change of legal representative · Consent orders · All civil court forms