Judicature Acts - Abandonment

Abandonment

Among the specific changes to procedure that occurred as a result of enactment of the Judicature Acts was one impacting on the matter of "abandonment of an action". Such an abandonment involves the discontinuance of proceedings commenced in the High Court, typically emerging because a plaintiff is convinced that he will not succeed in a civil action. Prior to the 1875 Act, 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.

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