OpenLegislation

Rule 38.3 Procedure for discontinuingI1

England and Wales

(1)

To discontinue a claim or part of a claim, a claimant must—

(a)

file a notice of discontinuance; and

(b)

serve a copy of it on every other party to the proceedings.

(2)

The claimant must state in the notice of discontinuance F1that they have served notice of discontinuance on every other party to the proceedings.

(3)

Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4)

Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

F2(5)

A notice of discontinuance must be in Form N279 unless the court permits otherwise.

Annotations

Textual amendments

F1

Words in rule 38.3(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(3)(a)

F2

Rule 38.3(5) substituted for words in rule 38.3 (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 20(2)

Commencement

I1

Rule 38.3 in force at 26.4.1999, see Signature