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 he discontinues incurred on or before the date on which notice of discontinuance was served on him.

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 44.12 provides for the basis of assessment where right to costs arises on discontinuance)