Rule 38.1 Scope of this PartI1
England and Wales
The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim. F1A “claim” includes a cause of action or part of one.
A claimant who—
claims more than one remedy; and
subsequently abandons F2their claim to one or more of the remedies but continues with their claim for the other remedies,
is not treated as discontinuing all or part of a claim for the purposes of this Part.
(The procedure for amending a statement of case, set out in Part 17, applies where a claimant abandons a claim for a particular remedy but wishes to continue with his claim for other remedies)
Annotations
Textual amendments
- F1
Words in rule 38.1(1) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(1)(a)
- F2
Word in rule 38.1(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(1)(b)