--(1) The general rule is that a claimant may discontinue all or part of his claim without the permission of the court.
--(2) However-
----(a) a claimant needs permission from the court if he wishes to discontinue all or part of a claim in relation to which-
--------(i) the court has granted an interim injunction; or
--------(ii) any party has given an undertaking to the court.
----(b) Where a claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 17) he may discontinue only if-
--------(i) the defendant 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) Where there is more than one defendant the claimant may discontinue all or part of his claim against all or any of the defendants.
Notes
Back to Part (38. Discontinuance)