Where-
----(a) a claimant discontinued a claim after the defendant against whom he discontinued filed a defence; and
----(b) the claimant makes a subsequent claim-
--------(i) against the same defendant;
--------(ii) the subsequent claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim; and
--------(iii) the claimant has not paid the defendant's costs of the discontinued claim,
the court may stay the subsequent claim until such time as the costs of the discontinued proceedings are paid.
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (38. Discontinuance)