The Civil Procedure Rules 1998

Right to discontinue claim E+W

38.2—(1) A claimant may discontinue all or part of a claim at any time.

(2) However—

(a) a claimant must obtain the permission of the court if he wishes to discontinue all or part of a claim in relation to which—

(i) the court has granted an interim injunction^(GL); or

(ii) any party has given an undertaking to the court;

(b) where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if—

(i) the defendant who made the interim payment consents in writing; or

(ii) the court gives permission;

(c) where there is more than one claimant, a claimant may not discontinue unless—

(i) every other claimant consents in writing; or

(ii) the court gives permission.

(3) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.

Commencement Information

I1 Rule 38.2 in force at 26.4.1999, see Signature