Article 20 Withdrawal

England and Wales

(1)

Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—

(a)

F1...by sending or delivering to the Tribunal and all other parties a written notice of withdrawal; or

(b)

orally at a hearing.

(2)

Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

(3)

The requirement in paragraph (2) does not apply to—

(a)

an application for permission to appeal; or

(b)

a notice of withdrawal to which all the parties to the proceedings consent.

(4)

A party which has withdrawn its case or part of it may apply to the Tribunal for the case to be reinstated.

(5)

An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after—

(a)

the date on which the Tribunal received the notice under paragraph (1)(a); or

(b)

the date of the hearing at which the case (or part of it) was withdrawn orally under paragraph (1)(b).

Annotations

F1: Words in rule 20(1)(a) omitted (1.7.2013) by virtue of The Tribunal Procedure (Amendment No. 3) Rules 2013 (S.I. 2013/1188), rules 1, 4 (with rule 10)