Right to discontinue claimE+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.