17.—(1) Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—
(a)F1... 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(3) A party which has withdrawn its case may apply to the Upper Tribunal for the case to be reinstated.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(b)the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).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 [F2that a withdrawal has taken effect] under this rule.
[F3(6) Paragraph (3) does not apply to a financial services case other than a reference against a penalty.]
Textual Amendments
F1Words in rule 17(1)(a) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 54(a)
F2Words in rule 17(5) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 54(b)
F3Rule 17(6) inserted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 7