Regulation 33 Withdrawal of application
Subject to paragraph (3) an applicant (“the withdrawing party”) may withdraw the whole or part of his application in accordance with paragraph (2) at any time before determination of the application.
The withdrawing party must notify withdrawal of his application by a signed and dated notice supplied to the tribunal—
sufficiently identifying the application or part of the application which is withdrawn;
stating whether any part of the application, and if so what, remains to be determined; and
confirming that a copy of the notice of the withdrawal has been supplied to all other parties and stating the date on which this was done.
In any of the circumstances set out in paragraph (4), withdrawal of the application shall not take effect until one of the courses of action in paragraph (5) has been carried out.
The circumstances mentioned in paragraph (3) are that—
an interim order in favour of a party has been made;
a party has given an undertaking to the tribunal;
payment to the withdrawing party has been ordered whether by way of compensation, damages, costs, reimbursement of fees or otherwise;
a party has requested an order for reimbursement of fees; or
The courses of action mentioned in paragraph (3) are that—
the withdrawing party has sent to the tribunal a written statement signed by all other parties setting out how any of the circumstances in sub-paragraphs (a) to (d) of paragraph (4) which apply to the case are to be dealt with; or
the withdrawing party has given notice of the intended withdrawal to all parties and—
the withdrawing party has requested the tribunal to give directions as to the conditions on which the withdrawal may be made; and
the tribunal has given such directions.
In giving directions under paragraph (5)(b)(ii) the tribunal may impose such conditions as it considers appropriate.
A single qualified member may give directions under paragraph (5)(b)(ii).