UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.4 Stay of further proceedings to secure costs of discontinued proceedings

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.4

12.4 Stay of further proceedings to secure costs of discontinued proceedings

(cf SCR Part 21, rule 8; DCR Part 18, rule 8; LCR Part 17, rule 9)

If--

(a) as a consequence of the discontinuance of proceedings, a plaintiff is liable to pay the costs of another party in relation to those proceedings, and

(b) before payment of the costs, the plaintiff commences further proceedings against that other party on the same or substantially the same cause of action as that on which the former proceedings were commenced,

Note : See also section 67 of the Civil Procedure Act 2005 as to the terms on which a stay may be granted, and rule 42.19 as to costs payable in relation to discontinued proceedings.