PART 2General powers and provisions

Withdrawal17

1

Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—

a

at any time before a hearing to consider the disposal of the proceedings (or, if the Tribunal disposes of the proceedings without a hearing, before that disposal), by sending or delivering to the Tribunal a written notice of withdrawal; or

b

orally at a hearing.

2

In the circumstances described in paragraph (3), a notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

3

The circumstances referred to in paragraph (2) are where a party gives notice of withdrawal—

a

under paragraph (1)(a) in a criminal injuries compensation case; or

b

under paragraph (1)(b).

4

A party who has withdrawn their case may apply to the Tribunal for the case to be reinstated.

5

An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after—

a

the date on which the Tribunal received the notice under paragraph (1)(a); or

b

the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).

6

The Tribunal must notify each party in writing of an withdrawal under this rule.