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Section 38.6(1)

Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

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Source: legislation.gov.uk · retrieved 2026-08-15 · Text as consolidated on 2026-04-06; changes after this date are not shown.