Can you please show us the N279 NoD. Please leave the signature and their position visible.
This is exactly what we wanted — but you MUST NOT let them escape without costs.
And their little trick — discontinuing 24 hours before the hearing — is classic unreasonable behaviour under the White Book note to CPR 38.6.1, which allows the court to award you all your costs even on the small claims track.
Even though they want it “vacated”, the hearing remains listed unless the court expressly removes it from the list. Do not trust QDR.
You should attend and say:
“The Claimant has discontinued at the last minute. I respectfully apply for my costs under CPR 38.6 and the White Book annotation 38.6.1 due to unreasonable conduct.”
Judges routinely grant this when parking firms and their moronic solicitors pull this stunt.
Send your costs schedule to the court NOW. Email it immediately to the court and CC QDR with subject:
URGENT – Hearing tomorrow – Defendant’s Costs Schedule (Claim No: XXXXXXXX)Attach:
• your costs schedule
• your updated covering email
Subject: URGENT – Hearing Tomorrow – Application for Costs Following Discontinuance (Claim No: [number])
Dear Sir or Madam,
I write as the Defendant in the above claim, which is listed for hearing on 20 November 2025 at 10:00am.
At 2pm today, I received an email from the Claimant’s solicitors enclosing a Notice of Discontinuance filed less than 24 hours before the hearing.
This extremely late discontinuance has put me to wholly unnecessary time, cost, and preparation after over three years of defective litigation, including:
1. failure to serve the original claim,
2. failure to comply with the CPR 16.4 order following set-aside,
3. the introduction of late evidence in breach of the court’s directions,
4. and now this last-minute discontinuance on the eve of trial.
I will be attending the hearing tomorrow.
I respectfully request that the matter remains listed for the court to hear my application for costs arising from the Claimant’s unreasonable conduct.
Under CPR 38.6 a claimant who discontinues is liable for the defendant’s costs, and although CPR 27 limits costs in the small claims track, the White Book annotation to CPR 38.6.1 expressly confirms that costs may still be awarded where the claimant has behaved unreasonably, including where discontinuance is served late.
I attach my costs schedule, served within the permitted timeframe under CPR 44.9.5(4)(a).
I therefore invite the court to (a) refuse the request to vacate the hearing, and (b) award the Defendant their costs due to the Claimant’s unreasonable behaviour in the conduct of these proceedings.
Yours faithfully,
[Your name]
Defendant
You are allowed to file it not less than 24 hours before the hearing, so sending it now is perfect and fully compliant.
Send the following to QDR:
Subject: Re: Notice of Discontinuance – Claim No: XXXXXXX
Dear Sirs
I acknowledge receipt of the Notice of Discontinuance.
Given the extremely late stage at which you have discontinued — less than 24 hours before trial — I will be attending tomorrow’s hearing to seek my costs under CPR 38.6 and the White Book annotation to CPR 38.6.1 on the basis of the Claimant’s unreasonable conduct.
Yours faithfully,
[Your name]
What will happen tomorrowThree likely outcomes:
1. Most likely:
Judge keeps the hearing, hears your short submissions, and awards your costs (your full £422 or close to it).
2. Possibility:
Judge decides no hearing is needed and deals with it on paper. If so, you still get a written costs order.
3. Very rare:
Judge vacates the hearing and asks for written submissions. If that happens, you still win costs — you just submit by email.
You’ve played this perfectly by following the advice. Their last-minute discontinuance is textbook unreasonable behaviour.
