38.2—(1) [F1At any time, a claimant] may discontinue all or part of a claim [F2against one or more defendants].
(2) However—
(a)a claimant must obtain the permission of the court if [F3they 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.
F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in rule 38.2(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(2)(a)
F2Words in rule 38.2(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 20(1)(a)
F3Words in rule 38.2(2)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 20(1)(b)
F4Rule 38.2(3) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(2)(c)
Commencement Information