http://www.legislation.gov.uk/uksi/1998/3132/rule/38.7/1999-04-26
The Civil Procedure Rules 1998
Appointments procedure
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
Statute Law Database
2024-05-16
Expert Participation
1999-04-26
These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.
The Civil Procedure Rules 1998
rule 52.13(1)(a)
The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014
art. 76
art. 1(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27rule 4(b)
The Civil Procedure (Amendment) Rules 2014
rule 39(e)(ii)(aa)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27rule 4(b)
The Civil Procedure (Amendment) Rules 2014
rule 39(e)(ii)(bb)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27rule 10(3)
The Civil Procedure (Amendment) Rules 2014
rule 39(k)(iii)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27Table of Contents
The Civil Procedure (Amendment) Rules 2014
rule 39(a)(i)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27Table of Contents
The Civil Procedure (Amendment) Rules 2014
rule 39(a)(ii)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27
The Civil Procedure (Amendment) Rules 2014
rule 4(a)(i)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27
The Civil Procedure (Amendment) Rules 2014
rule 4(a)(ii)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27
The Civil Procedure (Amendment) Rules 2014
rule 4(a)(iii)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 27
The Civil Procedure (Amendment) Rules 2014
rule 4(a)(iv)
rule 2(1)
The Civil Procedure Rules 1998
Sch. 2 CCR Order 28
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(i)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 28
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(iii)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 28
The Civil Procedure (Amendment No. 4) Rules 2014
rule 21(a)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 39
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(i)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 39
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(ii)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 39
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(iii)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 39
The Civil Procedure (Amendment No. 4) Rules 2014
rule 22(a)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 44
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(ii)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 44
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(iii)
rule 25
rule 1
The Civil Procedure Rules 1998
Sch. 2 CCR Order 44
The Civil Procedure (Amendment No. 4) Rules 2014
rule 3(a)(iv)
rule 25
rule 1
The Civil Procedure Rules 1998
rule 25.1(n)
The Civil Procedure (Amendment No.4) Rules 2005
rule 7(a)(i)
rule 1
PART 38DISCONTINUANCE
Discontinuance and subsequent proceedingsI138.7
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.