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Question 1 of 6

Alex brought a claim against Barbara for breach of contract. After reviewing his documentation, Alex realises he has brought the claim against the wrong party and decides to discontinue the claim. Alex discontinues their claim by filing and serving a notice of discontinuance after the defendant, Barbara, has filed a defence. Barbara received the notice on the 20th April. So far no action has been taken by the court (including any interim orders). It is now 20th May. Barbara asks your advice as to whether the discontinuance is valid and whether she can challenge it.

Which of the following is the best answer?

AThe discontinuance is invalid because permission is required after a defence is filed. If it had been valid Barbara could not have applied to set it aside as the time limit of 28 days to do so has passed.BThe discontinuance is invalid unless the defendant consents. If it had been valid Barbara could have applied to set it aside as there is no time limit to do so.CThe discontinuance is valid because a claimant may discontinue at any time before trial. Barbara cannot apply to set it aside as the time limit of 28 days to do so has passed.DThe discontinuance is valid. Barbara cannot apply to set it aside as there is no mechanism to do so.

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Question 1 of 6