Order 22 — Withdrawal or Discontinuance

A party who has entered an appearance in an action may withdraw the appearance at any time with the leave of the Judge.

(1) A Claimant may, without the leave of a Judge, discontinue the action, or withdraw any particular claim made by him as against any or all of the Defendants at any time not later than fourteen days after service of the Defence on him or, if there are two or more Defendants, of the defence last served on him, by serving a notice to that effect on the Defendant concerned.

(2) A Defendant may, without leave of a Judge:
(a) withdraw his defence or any part of it at any time;
(b) discontinue a Counterclaim, or any particular claim made by him therein as against any or all of the parties against whom it was made, at any time not later than fourteen days after service on him of the defence to the Counterclaim or, if the Counterclaim is made against two or more parties, of the defence to the Counterclaim last served, by serving a notice to that effect on the Claimant or other party concerned.

(3) Where there are two or more Defendants to an action not all of whom serve a defence on the Claimant and the period fixed by or under this Rule for service by any of those Defendants of his defence expires after the latest date on which any other Defendant serves his defence, subrule 1 of this Rule shall have effect as if the reference to the service of the defence last served were a reference to the expiration of that period.

(4) Sub-rule 3 of this Rule shall apply in relation to Counterclaim as it applies in relation to an action, with the substitution for references to a defence, to the Claimant and to sub-rule 1 of this Rule, of references to a defence to Counterclaim, to the Defendant and to sub-rule 2 of this Rule respectively.

(5) Where all the parties to an action consent, the action may be withdrawn without leave of the Judge at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties, and the action shall thereafter be struck out.

(1) Except as provided by Rule 2 in this Order, a party may not discontinue an action or Counterclaim, or withdraw any particular claim made by him therein without leave of a Judge.

(2) The Judge, upon hearing an application for the grant of leave in subrule 1 of this Rule, may order the action or Counterclaim to be discontinued or any particular claim made therein to be struck out, as against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as he thinks just.

(3) An application for the grant of leave under this rule may be made by Summons or Motion on Notice.

Subject to any terms imposed by the Judge in granting leave under Rule 3 of this Order, the fact that a party has discontinued an action or Counterclaim, or withdrawn a particular claim made by him therein, shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.

Where a party has discontinued an action or a Counterclaim or withdrawn any particular claim made by him therein, and he is liable to pay costs occasioned to any other party of the action or Counterclaim or the costs occasioned to any other party by the claim withdrawn, then where, before payment of those costs, he subsequently brings an action, for the same or substantially the same cause of action, the Judge may order the proceedings in that subsequent action to be stayed until those costs are paid.

A party who has taken out a Summons or filed a Motion in a pending cause or matter may not withdraw it without leave of the Judge.