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N1 Claim Withdrawn, Then Another/advice

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Ive Started This Thread As I Believe Its Important To Answer Future Questions


If A Dca Brings A Claim, Then Withdraws,

Its My Understanding That They Would Then Need The Permission Of The Court To Do ANOTHER




Being The Original Claim Has Been Withdrawn, The Dca Would Then Have Only Seven Days To Bring Another Claim Or Be Stuffed


Any Links On This



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Permission to bring a second action after discontiunnace of an ealier one ir requiried as Michael has pointed out, under CPR 38. There's no time limit within which an application might be made to bring the second action, apart from Limitation Act considerations and objections which might be made as to how the passage of time may have affected the ability of the court to try the case justly (a witness has died for example)


Further, you might gain some assistance from reading this thread and exploring the law regarding issue or cause of action estoppel. If you have a particular case or set of facts let me know and I can give it some more thought. Otherise CPR 38, res judicata etc will apply.



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