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 [F1them] under rule 38.3(1).
(2) Subject to rule 38.4, the [F2claim is] brought to an end as against [F3that defendant] on that date.
(3) However, this does not affect proceedings to deal with any question of costs.
Textual Amendments
F1Word in rule 38.5(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(a)
F2Words in rule 38.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(b)(i)
F3Words in rule 38.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(5)(b)(ii)
Commencement Information