PART 38DISCONTINUANCE

Scope of this PartI138.1

1

The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim. F1A “claim” includes a cause of action or part of one.

2

A claimant who—

a

claims more than one remedy; and

b

subsequently abandons F2their claim to one or more of the remedies but continues with F2their claim for the other remedies,

is not treated as discontinuing all or part of a claim for the purposes of this Part.

(The procedure for amending a statement of case, set out in Part 17, applies where a claimant abandons a claim for a particular remedy but wishes to continue with his claim for other remedies)