# The Civil Procedure Rules 1998, Rule 38.4: Right to apply to have notice of discontinuance set aside

Extent: E+W

(1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).
(2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on them.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/38.4 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-38.4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.