PART 38DISCONTINUANCE

Liability for costs38.6

(1)

Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom F1the claimant discontinues incurred on or before the date on which notice of discontinuance was served on F2the defendant.

(2)

If proceedings are only partly discontinued—

(a)

the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b)

unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3)

This rule does not apply to claims allocated to the small claims track.

(Rule F344.9 provides for the basis of assessment where F4the right to costs arises on discontinuance F5and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)