• PART 19 PART 19 — Discontinuance

    • 169. Right to discontinue claim

      (1) Except as provided by the relevant practice direction, a claimant may discontinue all or part of a claim at any time.
      (2) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.
      (3) A claimant who claims more than one remedy and subsequently abandons his claim to one or more of the remedies but continues with his claim for the other remedies is not treated as discontinuing all or part of a claim for the purposes of this Part.

    • 170. Procedure for discontinuing

      (1) To discontinue all or part of a claim, a claimant must file a notice of discontinuance and serve a copy of that notice on every other party to the proceedings in accordance with Part 4 of these Rules.
      (2) Discontinuance against any defendant takes effect on the date when the notice of discontinuance is served on him and, subject to paragraph (3), the proceedings are brought to an end as against him on that date.
      (3) However, this does not affect proceedings to deal with any question of costs.

    • 171. Right to apply to have notice of discontinuance set aside

      Where the claimant discontinues under Rule 170(2), the defendant may apply to have the notice of discontinuance set aside in accordance with the relevant practice direction.

    • 172. Liability for costs

      (1) Unless the Court orders otherwise, a claimant who discontinues is liable for the costs which a defendant, against whom the claimant discontinues, incurred on or before the date on which notice of discontinuance was served on that defendant.
      (2) If proceedings are only partly discontinued, the claimant is liable for costs relating only to the part of the proceedings which he is discontinuing and, unless the Court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

    • 172A. Stay in lieu of notice of discontinuance

      (1) Where 1 month has passed from the date that the Court has been informed in writing by a party or the parties that the proceedings have settled or otherwise resolved, no further steps have been taken in the proceedings and no notice of discontinuance or consent order has been filed to dispose of the proceedings, the claim shall be stayed.
      (2) Where a claim is stayed under this Rule, any party may apply for the stay to be lifted.
      Amended on September 1 2021