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Amendments to CPR 38

With effect from 6 April 2023, CPR 38 is amended in a number of ways, including:

1. •

   clarifying that the definition of ‘claim’ in CPR 38 includes ‘a cause of action or part of one’

2. •

   amending the language of CPR 38.5(2) to refer to the end of ‘the claim’ rather than ‘the proceedings’ following Discontinuance, bringing it in line with CPR 38.1–38.3, and

3. •

   introducing a formal procedure into CPR 38.7 for obtaining permission to bring subsequent proceedings against the same defendant following discontinuance

For full details of the amendments, see Civil Procedure (Amendment) Rules 2023, SI 2023/105.

Older authorities which are based on the pre-amendment version of CPR 38 will therefore have to be treated with caution and read in light of the amended provisions.

What is 'discontinuance'?

Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving a formal notice of discontinuance.

A claimant has a right to discontinue all or part of a claim