Section 38.2(2)

However— a claimant must obtain the permission of the court if they wish to discontinue all or part of a claim in relation to which— the court has granted an interim injunction(GL); or any party has given an undertaking to the court; 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— the defendant who made the interim payment consents in writing; or the court gives permission; where there is more than one claimant, a claimant may not discontinue unless— every other claimant consents in writing; or the court gives permission.

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Source: legislation.gov.uk · retrieved 2026-08-15