Discontinuing an appeal
72 Discontinuing an appeal
The appellant may discontinue an appeal by lodging and serving a Form 26 (Discontinuance notice).
If it appears to the court that the appellant is a person under disability (as defined in the RSC Order 70 rule 1), the Form 26 does not have effect unless it is approved by a judge.
An application for the approval of a judge must be lodged with an affidavit and, unless a judge orders otherwise, an opinion by an independent legal practitioner.
Unless a judge orders otherwise, an appellant who discontinues an appeal must pay the respondent’s costs in respect of the appeal which must be taxed if they are not agreed.
In an appeal where the respondent also appeals against the primary court’s decision, subrules (1) to (4) and Form 26 apply with any necessary changes.
The discontinuance of an appeal by the appellant does not affect any appeal by a respondent who also appeals against the primary court’s decision.
[Rule 72 amended: SL 2022/74 r. 5.]
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