The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 38 DISCONTINUANCE

Right to apply to have notice of discontinuance set aside

38.4—(1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside^(GL).

(2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.