ABSTRACT
The claimant may discontinue the claim by notice without leave (CPR 38.2). However, the defendant can apply to set aside the notice of discontinuance (CPR 38.4).
CPR Part 24 sets out a procedure by which the court may decide a claim or a particular issue by summary judgment without a trial (CPR 24.1). The court may give summary judgment against a claimant or a defendant in 1954 Act proceedings (CPR 24.3(1)). This would allow an issue in a 1954 Act renewal to be decided without the need for a trial, thus reducing the time and cost involved. The procedure should only be used where the issue to be determined is clear and no witnesses are required to give oral evidence. It could be suitable for determining whether a tenant’s breaches are substantial under ground (c) of s 30(1) of the 1954 Act, and could also be used where the landlord can show compliance with grounds (f) and (g). A tenant could also use the procedure to try to force the landlord’s hand under grounds (f) and (g), or to determine whether the accommodation offered under ground (d) is suitable.
