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Can I withdraw a claim, and do I get the fee back?

The short answer

Yes, but no refund. You can withdraw a claim at any time1 before judgment by filing a notice of discontinuance and serving it on the company, but the court fee is not refunded3. The invoice is still owed afterwards. If the company has already filed a defence, a new claim over the same facts needs the court's permission1.

Mara, WolfX research desk
Written with AI, checked by a person · 8 October 2026

England and Wales only. WolfX is software, not a law firm.

The numbers

What withdrawing costs.

£455Issue fee on a £5,000.01 to £10,000 claim. Not refunded.4 3

28 daysFor the company to ask the court to set your notice aside.1

£10,000Small claims limit. On that track, rule 38.6 does not make you pay their costs.6 1

6 yearsTime to sue on an invoice. It runs from when it fell due, not from your withdrawal.8

What you can add

A £6,400 invoice, claimed then withdrawn

Say a print firm invoiced another business £6,400, due on 30 June 2026. On 10 September it is 72 days late, so the firm claims £6,618.34: the invoice, £148.34 interest9 (£6,400 × 11.75% ÷ 365 × 72 days) and the £70 fixed sum11. The 11.75% is Bank Rate of 3.75%10 plus 8%. The court fee on a claim that size is £455. The company files a defence, the court puts the claim on the small claims track, and the owner withdraws.

£455.00Court fee to issue a £6,618.34 claim4

£0.00The company's costs, small claims track1

£0.00Refund of the court fee3

£455.00Cost of walking away

The £6,400 is still owed, with interest growing by £2.06 a day. Because the company filed a defence, a new claim on the same invoice needs the court's permission1.

The road ahead

Six steps. The court fee stays spent.

Step 1: Check withdrawing is the right move
If the company has paid, tell the court it has paid instead: you may still be able to pursue them for the fee3. If it has only promised to pay, get the promise in writing first.
After judgment, you can no longer discontinue3: ask the court what to do instead.
Cost: FreeTime: 10 minutes
Step 2: Find the date the hearing fee falls due
If the court has fixed a hearing, its order gives the date. On a claim over £3,000 the small claims hearing fee is £3464.
It is non-refundable, but if the parties settle before it is due, it need not be paid4.
Cost: £346 if it falls dueTime: 5 minutes
Step 3: Count the company's costs
Once the court has put a claim on the small claims track (the normal track up to £10,0006), rule 38.6 does not apply1.
The court can still order the few costs rule 27.14 lists5, such as costs for unreasonable behaviour. If the claim is bigger, or the court has not yet allocated a track, then unless it orders otherwise you pay the costs the company ran up to the day you serve the notice1.
Cost: £0 on a small claimTime: 5 minutes
Step 4: File Form N279 with the court
Fill in Form N2792 and state on it that you have served it on the company. Online claims are no different: the court cannot pull a claim back once it is submitted3, so you file the notice.
In the court's newer online service, paragraph 10A.2 of Practice Direction 51R7 says where: the Civil National Business Centre, or your hearing centre if the court has told you the claim is managed there.
Cost: No fee listed in EX50Time: 15 minutes
Step 5: Serve a copy on the company
Get a copy to the company in a way you can prove, and send the email below as the covering note. The notice takes effect on the day it is served1, and that is the day the claim ends.
Cost: A stamp, or freeTime: Same day
Step 6: Keep the proof for 28 days
The company can ask the court to set the notice aside, but only within 28 days of service1. The invoice is still yours to chase, and the six years to sue8 are counted from when it fell due.
Cost: FreeTime: 28 days

A letter you can copy

Email serving the notice of discontinuance

Send it with the N279 attached, on the day you serve the notice.

New email

SubjectClaim : notice of discontinuance

Dear , I attach a notice of discontinuance (Form N279) in claim . I am serving it on you today, . Under rule 38.5 of the Civil Procedure Rules it takes effect on the day it is served, and it brings the court claim to an end. It ends the court claim only. Invoice , for , was due on . It has not been paid and it is not written off. I will treat it as owed unless it is agreed otherwise in writing. You told me payment would reach me on . Could you confirm by reply that this date still stands? If you believe any of this is wrong, please tell me before that date and say why. If it is not paid by then, I will bring a new claim for it, asking the court's permission first if the rules require it. Kind regards,

Tap a highlighted gap to see what goes in it.

Email serves the N279 only if the company gave an email address on its defence or agreed to email in writing. If you post it, it counts as served on the second working day after posting: use that date in the email. File your own copy of the N279 with the court as well. Emailing the company does not do that.

When not to bother

When it isn't worth it

The company has paid. Tell the court it has been paid instead; the page on a payment after you issue has the steps.
A deal is agreed but not signed. Get it signed first, and withdraw once the money or the signature is in your hands. After a defence, a second try needs the court's permission1.
The claim is sound and the defence is thin. Read what happens after a defence before you give up a fee you cannot get back.
You mean to try again later. A second claim means a second fee on top of the first, and after a defence it needs the court's permission. On a small sum, see whether a small claim is worth it.
The claim is in Scotland or Northern Ireland. These rules are for England and Wales, and the route differs elsewhere.

The Wolf's note

Stay and win, and the court can order the fee back; withdraw, and it is gone. A signed promise to pay is a reason to withdraw, an unsigned one only a hope. Get the signature, then send the notice.

Mr. Wolf · the AI inside WolfX

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