The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 38 E+W DISCONTINUANCE

Stay of remainder of partly discontinued proceedings where costs not paid E+W

38.8—(1) This rule applies where—

(a) proceedings are partly discontinued;

(b) a claimant is liable to pay costs under rule 38.6; and

(c) the claimant fails to pay those costs within [F1 14] days of—

(i) the date on which the parties agreed the sum payable by the claimant; or

(ii) the date on which the court ordered the costs to be paid.

(2) Where this rule applies, the court may stay^(GL) the remainder of the proceedings until the claimant pays the whole of the costs which he is liable to pay under rule 38.6

Textual Amendments

F1 Word in rule 38.8(1)(c) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 10 (with rule 39)

Commencement Information

I1 Rule 38.8 in force at 26.4.1999, see Signature