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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 5 August 2020 at 15:17)
Division 1 Discontinuance of claim
12.1 Discontinuance of proceedings
(cf SCR Part 21, rules 2 and 5; DCR Part 18, rule 1; LCR Part 17, rule 1)
(1) The plaintiff in any proceedings may, by filing a notice of discontinuance, discontinue the proceedings, either as to all claims for relief or as to all claims for relief so far as they concern a particular defendant—(a) with the consent of each other active party in the proceedings, or(b) with the leave of the court.(2) A notice of discontinuance—(a) must bear a certificate by the plaintiff, or by his or her solicitor, to the effect that the plaintiff does not represent any other person, and(b) except where it is filed with the leave of the court, must be accompanied by a notice from each party whose consent is required by subrule (1) to the effect that the party consents to the proceedings being discontinued in accordance with the notice of discontinuance.(3) If any such consent is given on terms, those terms are to be incorporated in the notice of consent.(4) If any party has not been served with the originating process, the plaintiff must file an affidavit to that effect.(5) For the purposes of this rule, proceedings on a cross-claim are taken to be different proceedings to the proceedings on the originating process and to proceedings on any other cross-claim.
12.3 Effect of discontinuance
(cf SCR Part 21, rule 7; DCR Part 18, rule 7; LCR Part 17, rule 8)
(1) A discontinuance of proceedings with respect to a plaintiff’s claim for relief does not prevent the plaintiff from claiming the same relief in fresh proceedings.(2) Subrule (1) is subject to the terms of any consent to the discontinuance or of any leave to discontinue.
12.4 Stay of further proceedings to secure costs of discontinued proceedings
(cf SCR Part 21, rule 8; DCR Part 18, rule 8; LCR Part 17, rule 9)
If—(a) as a consequence of the discontinuance of proceedings, a plaintiff is liable to pay the costs of another party in relation to those proceedings, andthe court may stay the further proceedings until those costs are paid and may make such consequential orders as it thinks fit.(b) before payment of the costs, the plaintiff commences further proceedings against that other party on the same or substantially the same cause of action as that on which the former proceedings were commenced,Note.See also section 67 of the Civil Procedure Act 2005 as to the terms on which a stay may be granted, and rule 42.19 as to costs payable in relation to discontinued proceedings.