Abandonment of appeal
60
(1) This rule applies to— (a) an appeal under Chapter 1 or 2 of Part 6, and (b) an appeal referred to in rule 45(1), and “appellant”, “ appeal notice ” and “ respondent's notice ” shall be construed accordingly. (2) Where an appellant wants to abandon an application to the court for permission to appeal or an appeal, he— (a) may abandon the application or appeal without the court's permission by serving notice of abandonment on— (i) the registrar, and (ii) any other person on whom the registrar or the appellant served an appeal notice, before any hearing of the application or appeal; but (b) at any such hearing, may only abandon that application with the court's permission. (3) A notice of abandonment must be in writing and be signed by the appellant or his legal representative on his behalf. (4) On receiving notice of abandonment the registrar must— (a) date it; (b) serve a dated copy on— (i) the appellant; (ii) the custodian, if any; and (iii) every other person on whom the registrar or appellant served the appeal notice; and (c) treat the application or appeal as if it had been refused or dismissed by the court.