OpenLegislation

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).

(2)

Subject to rule 38.4, the F2claim is brought to an end as against F3that defendant on that date.

(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)

Commencement

I1

Rule 38.5 in force at 26.4.1999, see Signature