Q&As

How can a claimant remove a defendant in multi-party proceedings?

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Published on LexisPSL on 30/01/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How can a claimant remove a defendant in multi-party proceedings?

How can a claimant remove a defendant in multi-party proceedings?

CPR 38.2(3) provides that where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants. In this situation, permission of the court is not required, except as where set out in CPR 38.2(2).

Under CPR 38.3(1),

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