PART 38DISCONTINUANCE

Right to discontinue claimI138.2

1

F1At any time, a claimant may discontinue all or part of a claim F3against one or more defendants.

2

However—

a

a claimant must obtain the permission of the court if F4they wish 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.

F23

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