Dismiss in United Kingdom

Meaning of Dismiss

The following is an old definition of Dismiss [1]: To send away; to refuse to entertain further; to send out of court: as, to dismiss a bill in equity for defects in its structure or for insufficiency in law – Borrowed from proceedings in a court of chancery, where the term is applied to the removal of a cause out of court without further hearing. ” Dismissed ” refers to the final hearing of a suit ^- the end of the proceeding. A bill in equity will be dismissed where (1) there is a want of certainty in the allegations to show that the plaintiff is entitled to the relief demanded; (2) where the right to relief has been barred by the statute of limitations; (3) where there has been negligence in seeking relief, unexplained by sufficient equitable reasons and circumstances. After a decree, whether final or interlocutory, has been made, by which the rights of a defendant have been adjudicated, or such proceedings have been taken as entitle him to a decree, the complainant cannot dismiss his bill without the consent of the defendant. Whenever it becomes apparent to the court that it has no authority to adjudicate the issue presented, its duty is to dismiss the cause. A dismissal for want of jurisdiction does not conclude the plaintiff’s right of action. See Discontinuance; Prejudice.

Resources

Notes and References

1. Concept of Dismiss provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)