No. 6 Judgment for Defendant's Costs on Discontinuance

What this form is for

• • Use when a plaintiff has discontinued proceedings before judgment
• • Use when you want to recover your legal costs from the plaintiff
• • Use only in civil cases where cost recovery is appropriate
• • Do not use if the case was dismissed by the court rather than discontinued
• • Use when the defendant has incurred significant legal expenses

Use this form or another form?

Deadline or filing window

Applications for costs on discontinuance must generally be made within 14 days of receiving notice of discontinuance, though this timeframe may be extended by the court in exceptional circumstances.

Before you submit

• • Confirm the plaintiff has formally discontinued proceedings
• • Calculate costs accurately with supporting documentation
• • Complete all required sections of the form
• • Include court reference number
• • Check for any required court fees
• • Verify you have the correct defendant and plaintiff information
• • Prepare copies for all parties if required

How to file this form

1. 1Obtain the latest version of Form No. 6 from the Courts Service
2. 2Complete all sections with accurate case details and cost calculations
3. 3Prepare supporting documentation showing costs incurred
4. 4Submit the completed form to the appropriate court office
5. 5Pay any required fees
6. 6Serve a copy on the plaintiff's legal representative if applicable
7. 7Keep a copy for your records

Known limitations

• • This form only applies when the plaintiff discontinues, not when the court dismisses the case
• • Costs awarded are subject to court approval and may not cover all expenses
• • The form doesn't guarantee full recovery of all costs incurred
• • Time limits for applying are strict and may not be extended
• • Costs must be reasonable and proportionate to the case