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 Upper Tribunal disposes of the proceedings without a hearing, before that disposal), by sending or delivering to the Upper Tribunal a written notice of withdrawal; or

b

orally at a hearing.

2

Notice of withdrawal will not take effect unless the Upper Tribunal consents to the withdrawal except in relation to an application for permission to appeal.

3

A party which has withdrawn its case may apply to the Upper Tribunal for the case to be reinstated.

4

An application under paragraph (3) must be made in writing and be received by the Upper Tribunal within 1 month after—

a

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the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).

5

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