The Civil Procedure Rules 1998

Right to apply to have notice of discontinuance set asideE+W

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 [F1them].

Textual Amendments

Commencement Information

I1Rule 38.4 in force at 26.4.1999, see Signature