Court Procedures Rules 2006

An appellant may discontinue the appeal or part of the appeal—

without the Court of Appeal’s leave, at any time before the hearing of the appeal; or

only with the Court of Appeal’s leave, at the hearing, or after the hearing and before judgment.

Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.

However, if the appeal is to be decided by written cases under part 5.8 (Written cases), an appellant may discontinue the appeal or a part of the appeal—

without the Court of Appeal’s leave, at any time before, or on, the last day that the appellant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or

only with the Court of Appeal’s leave, at any time after the last day mentioned in paragraph (a), but before judgment.

The appellant may discontinue the appeal by filing a notice of discontinuance in the court, and serving a stamped copy of the notice on each party to the appeal.

See approved form 5.15 (Court of Appeal—notice of discontinuance) AF2015-59.

If the appeal or a part of the appeal is discontinued—

the appeal or part of the appeal is abandoned by the appellant; and

the discontinuance does not affect any other appellant in the appeal.

If the appeal or a part of the appeal is discontinued in a civil proceeding, the appellant must pay the costs of the other parties caused by the appeal or part of the appeal discontinued, unless the Court of Appeal otherwise orders.

The Court of Appeal may make an order under subrule (5) on application by a party to the appeal or on its own initiative.