Rule 38.2 Right to discontinue claimI1

England and Wales

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words 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)
F2: Words 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)
F3: Words 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)
F4: Rule 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

I1: Rule 38.2 in force at 26.4.1999, see Signature