22. Withdrawal and discontinuance

A claimant may discontinue a claim or withdraw any part of a claim (without the consent of any other party or the permission of a Protection from Harassment Court or the Registrar) by filing a notice in the appropriate Form, if the claim has not been served on any of the persons required to be served under rule 17(3).

In any other case, a claimant may discontinue a claim, or withdraw any part of a claim, after filing the claim only —

if the claimant files with the Registry —

the written consent of all the persons served for the claim to be discontinued or withdrawn; and

a notice in the appropriate Form; or

with the permission of a Protection from Harassment Court or the Registrar and on any terms directed by the Court or Registrar.

A party who has filed a response under rule 18 may withdraw the response by filing a notice in the appropriate Form with the Registry if the response has not been served on the claimant.

Where a response has been served on the claimant, that party may not withdraw the response, except —

if that party files with the Registry —

the written consent of the claimant to do so; and

a notice in the appropriate Form; or

with the permission of a Protection from Harassment Court or the Registrar to do so and on any terms directed by the Court or Registrar.

The fact that a claim has been discontinued or withdrawn, in and of itself —

does not preclude a party from filing a fresh claim for the same or substantially the same claim; and

is not a defence to a subsequent claim for the same, or substantially the same claim.

A claimant may discontinue a claim or withdraw any part of a claim (without the consent of any other party or the permission of a Protection from Harassment Court or the Registrar) by filing a notice in the appropriate Form, if the claim has not been served on any of the persons required to be served under rule 17(3).

In any other case, a claimant may discontinue a claim, or withdraw any part of a claim, after filing the claim only —

if the claimant files with the Registry —

the written consent of all the persons served for the claim to be discontinued or withdrawn; and

a notice in the appropriate Form; or

with the permission of a Protection from Harassment Court or the Registrar and on any terms directed by the Court or Registrar.

A party who has filed a response under rule 18 may withdraw the response by filing a notice in the appropriate Form with the Registry if the response has not been served on the claimant.

Where a response has been served on the claimant, that party may not withdraw the response, except —

if that party files with the Registry —

the written consent of the claimant to do so; and

a notice in the appropriate Form; or

with the permission of a Protection from Harassment Court or the Registrar to do so and on any terms directed by the Court or Registrar.

The fact that a claim has been discontinued or withdrawn, in and of itself —

does not preclude a party from filing a fresh claim for the same or substantially the same claim; and

is not a defence to a subsequent claim for the same, or substantially the same claim.