When discontinuance takes effect where permission of the court is not neededE+W
38.5—(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).
(2) Subject to rule 38.4, 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.