# The Civil Procedure Rules 1998, Rule 38.3: Procedure for discontinuing

Extent: E+W

(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 that 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.
(5) A notice of discontinuance must be in Form N279 unless the court permits otherwise.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/38.3 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-38.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.