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PART 38E+WDISCONTINUANCE

Scope of this PartE+W

38.1—(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)

Textual Amendments

Commencement Information

I1Rule 38.1 in force at 26.4.1999, see Signature