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Part 3 · Applications and References to Tribunal

38. Withdrawal how effected

(1)

Subject to paragraph (2), the withdrawal of a case or an interlocutory application takes effect when the person withdrawing the case or interlocutory application —

(a)

files a notice in the specified form that —

(i)

specifies the date on which the case was brought or the interlocutory application was made, and the relevant case file number;

(ii)

states that the person who brought the case or made the interlocutory application is now withdrawing it; and

(iii)

is signed by or on behalf of that person; and

(b)

serves a sealed copy of the notice on every other party to the case or interlocutory application.

(2)

Where the Tribunal gives permission to withdraw under regulation 37, the steps required by paragraph (1) must be complied with within 7 days after the permission is granted.

Subregulation 1

Subject to paragraph (2), the withdrawal of a case or an interlocutory application takes effect when the person withdrawing the case or interlocutory application —

(a)

files a notice in the specified form that —

(i)

specifies the date on which the case was brought or the interlocutory application was made, and the relevant case file number;

(ii)

states that the person who brought the case or made the interlocutory application is now withdrawing it; and

(iii)

is signed by or on behalf of that person; and

(b)

serves a sealed copy of the notice on every other party to the case or interlocutory application.

Subregulation 2

Where the Tribunal gives permission to withdraw under regulation 37, the steps required by paragraph (1) must be complied with within 7 days after the permission is granted.

Report

Part 4

Records Royalty System Inquiry Procedure

Part 5

References to General Division of High Court

Schedules