[Home]Abandonment of an action

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Abandonment of an Action is the discontinuance of proceedings commenced in the High Court of Justice either because the plaintiff is convinced that he will not succeed in his action or for other reasons. Previous to the Judicature Act of 1875, considerable latitude was allowed as to the time when a suitor might abandon his action, and yet preserve his right to bring another action on the same suit (see NONSUIT); but since 1875 this right has been considerably curtailed, and a plaintiff who has delivered his reply (see PLEADING), and afterwards wishes to abandon his action, can generally obtain leave so to do only on condition of bringing no further proceedings in the matter.

From an unnamed 1911 encyclopedia.

See abandonment. Note -- this is already discussed at abandonment... we should merge the two discussions somehow. Also note that the above is specific to UK law (and things have quite possibly changed since 1911.)

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Last edited November 7, 2001 2:23 pm by 137.111.13.xxx (diff)