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- Section 38 of the Civil Procedure Rules sets out the procedure by which a claimant may discontinue all or part of a claim12. The rules in this part also cover the right to apply to have notice of discontinuance set aside, liability for costs, discontinuance and subsequent proceedings, and stay of remainder of partly discontinued proceedings where costs not paid2. Section 38(1) also requires the provider to send a copy of the certificate to the court or tribunal and give notice of the determination in a form specified by the Lord Chancellor to all parties to the proceedings3.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.38.1 — (1) The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim. (2) A claimant who— (a) claims more than one remedy; and (b) subsequently abandons his claim to one or more of the remedies but continues with his claim for the other remedies,www.legislation.gov.uk/uksi/1998/3132/rule/38.1
PART 38 - DISCONTINUANCE
- Scope of this Part 38.1 ...
- Right to discontinue claim 38.2 ...
- Procedure for discontinuing 38.3 ...
- Right to apply to have notice of discontinuance set aside 38.4 ...
www.justice.gov.uk/courts/procedure-rules/civil/rule…38. — (1) Where the Director issues a certificate in relation to proceedings that have been issued, the provider must— (a) send a copy of the certificate to the court or tribunal, and (b) give notice of the determination in a form specified by the Lord Chancellor to all parties to the proceedings.www.legislation.gov.uk/uksi/2012/3098/regulation/3… - People also ask
38.3 (1) To discontinue a claim or part of a claim, a claimant must – (a) file a notice of discontinuance; and (b) serve a copy of it on every other party to the proceedings. (2) The claimant must state in the notice of discontinuance that they have served notice of discontinuance on every other party to … See more
38.1 (1) The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim. A “claim” includes a cause of action or part of one. … See more
38.2 (1) At any time, a claimant may discontinue all or part of a claim at any time. (2) However – (a) a claimant must obtain the permission of the court if they … See more
38.4 (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 … See more
38.5 (1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on them under rule 38.3(1). (2) Subject to rule … See more
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