# The Civil Procedure Rules 1998, Rule 38.2: Right to discontinue claim

Extent: E+W

(1) At any time, a claimant may discontinue all or part of a claim against one or more defendants.
(2) However—
(a) a claimant must obtain the permission of the court if they 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/38.2 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-38.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.