The Civil Procedure Rules 1998

Discontinuance and subsequent proceedingsE+W

38.7  A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if—

(a)he discontinued the claim after the defendant filed a defence; and

(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Commencement Information

I1Rule 38.7 in force at 26.4.1999, see Signature