2.24.1 If a third party notice has been issued and served without prior leave of the court, the third party, plaintiff, or any other party served with the notice may apply to the court to set aside the notice.
2.24.2 If a third party notice has been served by leave of the court, the third party may apply to the court to set aside the notice.
2.24.3 On the hearing of the application, the court may—
(a) set aside the third party notice and dismiss the defendant’s notice of claim against the third party either on the merits or without prejudice to the right of the defendant to pursue the claim against the third party by an independent proceeding; or
(b) give any other directions relating to the third party notice that it thinks fit in the interests of justice.
Compare: SR 1992/109 r 183