PART 38DISCONTINUANCE

Stay of remainder of partly discontinued proceedings where costs not paidI138.8

1

This rule applies where—

a

proceedings are partly discontinued;

F3b

a claimant is liable to—

i

pay costs under rule 38.6; or

ii

make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and

c

the claimant fails to pay those costs F2or make the payment within F114 days of—

i

the date on which the parties agreed the sum payable by the claimant; or

ii

the date on which the court ordered the costs to be paid F4or the payment to be made.

2

Where this rule applies, the court may stay(GL) the remainder of the proceedings until the claimant pays the whole of the costs which F5the claimant is liable to pay under rule 38.6 F6or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007

F7(Rules F844.9 and 46.7 contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)