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In force2025 Revised Edition

Part 7 · Appeals to General Division of High Court

25B. Withdrawal of application for permission to appeal

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(1)

An applicant under rule 25 may, without the permission of a District Court, withdraw the application at any time before the application is served on the respondent, by filing the relevant Form with the Registry.

(2)

Where the application has been served on the respondent, the applicant may withdraw the application —

(a)

with the consent of the respondent and without the permission of a District Court, by filing the relevant Form and the respondent’s written consent with the Registry; or (b)in any other case, with the permission of a District Court.

(3)

When granting permission under paragraph (2)(b), a District Court may make any order as to costs that it thinks just.

Subregulation 1

An applicant under rule 25 may, without the permission of a District Court, withdraw the application at any time before the application is served on the respondent, by filing the relevant Form with the Registry.

Subregulation 2

Where the application has been served on the respondent, the applicant may withdraw the application —

(a)

with the consent of the respondent and without the permission of a District Court, by filing the relevant Form and the respondent’s written consent with the Registry; or (b)in any other case, with the permission of a District Court.

Subregulation 3

When granting permission under paragraph (2)(b), a District Court may make any order as to costs that it thinks just.

Report

Part 8

Other Proceedings

Part 9

Settlement Agreement

Part 10

Costs and Fees

Part 11

Miscellaneous