Citation, Commencement, Application And The Overriding Objective
Organisation Of The Court
The Court’s Case Management Powers
How To Start Proceedings — The Claim Form
Alternative Procedure For Claims
Responding To Particulars Of Claim — General
Acknowledgment Of Service
Disputing The Court’s Jurisdiction
Setting Aside Or Varying Default Judgment
Defence And Reply
Statements Of Case
Amendments To Statements Of Case
Addition And Substitution Of Parties
Counterclaims And Other Additional Claims
Statements Of Truth
General Rules About Applications For Court Orders
Interim Remedies And Security For Costs
Alternative Dispute Resolution
Production Of Documents
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
Payments Into Court
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Procedure For Detailed Assessment Of Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Contempt Of Court
Small Claims Tribunal
Technology And Construction Division
Non-Muslim Wills Registry
A claimant may discontinue all or part of a claim at any time.
(1) a claimant must obtain the permission of the Court if he wishes to discontinue all or part of a claim in relation to which:
(a) the Court has granted an interim injunction ; or
(b) any party has given an undertaking to the Court ;
(2) where the claimant has received an interim payment in relation to a claim, he may discontinue that claim only if:
(a) the defendant who made the interim payment consents in writing; or
(b) the Court gives permission;
(3) where there is more than one claimant , a claimant may not discontinue unless:
(a) every other claimant consents in writing; or
(b) the Court gives permission.
To discontinue a claim or part of a claim, a claimant must:
(1) file a notice of discontinuance; and
(2) serve a copy of it on every other party to the proceedings.
The claimant must state in the notice of discontinuance which he files that he has served a notice of discontinuance on every other party to the proceedings.
Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.
Where the claimant discontinues under Rule 34.3, the defendant may apply to have the notice of discontinuance set aside .
Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under Rule 34.6.
Subject to Rules 34.10 and 34.11, the proceedings are brought to an end as against him on that date.
Unless the Court orders otherwise, a claimant who discontinues a claim is liable for the defendant’s costs incurred up to and on the date on which notice of the discontinuance was served on him or his legal representative. If proceedings are only partly discontinued:
(1) the claimant is liable for costs relating only to the part of the proceedings which he is discontinuing; and
(2) unless the Court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.
A claimant who discontinues a claim needs the permission of the Court to make another claim against the same defendant if:
(1) he discontinued the claim after the defendant filed a defence; and
(2) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.
Rule 34.18 applies where:
(1) proceedings are partly discontinued;
(2) a claimant is liable to pay costs under Rule 34.15; and
(3) the claimant fails to pay those costs within 14 days of:
(a) the date on which the parties agreed the sum payable by the claimant ; or
(b) the date on which the Court ordered the costs to be paid.
Where this Rule applies, the Court may stay the remainder of the proceedings until the claimant pays the whole of the costs which he is liable to pay under Rule 34.15.
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