Reference appeals to Court of Appeal—discontinuance of reference appeal
5774 Reference appeals to Court of Appeal—discontinuance of reference appeal
The applicant may discontinue the reference appeal or a part of the reference appeal—
without the Court of Appeal’s leave, at any time before the hearing of the reference appeal; or
only with the Court of Appeal’s leave, at the hearing, or after the hearing and before the decision is made on the reference appeal.
Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
However, if the reference appeal is to be decided by written cases under part 5.8 (Written cases), the applicant may discontinue the reference appeal or a part of the reference appeal—
without the Court of Appeal’s leave, at any time before, or on, the last day that the applicant 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 the decision is made on the reference appeal.
The applicant may discontinue the reference appeal by filing a notice of discontinuance in the court, and serving a stamped copy of the notice on each interested party.
If the reference appeal or a part of the reference appeal is discontinued, the appeal or part of the appeal is abandoned by the applicant.
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