Rule 38.5 When discontinuance takes effect where permission of the court is not neededI1
England and Wales
(1)
Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on F1them under rule 38.3(1).
(3)
However, this does not affect proceedings to deal with any question of costs.
Annotations
Textual amendments
- F1
Word in rule 38.5(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(a)
- F2
Words in rule 38.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(b)(i)
- F3
Words in rule 38.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(b)(ii)