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Can I drop a counterclaim but keep my defense if so how can I do this?

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  • #1

    Can I drop a counterclaim but keep my defense if so how can I do this?

    Hi all! Hopefully this is a quick bit of advice!

    Can I drop a counterclaim but keep my defense?

    I made an error with a counterclaim and the claimants solicitor is threatening to move for strike out of my defense and counterclaim because a third party paid for the deposit I am counterclaiming for. They are right but I still want to keep my defense against the claim.

    I wish to drop the counterclaim but keep my defense against the claim. Can I do this with "N279 - w3 Notice of discontinuance" form?

    Thanks in advance
    Tags: None
  • #2
    You may discontinue your counterclaim. Beware that you may risk an application that you pay the costs of defending the counterclaim.

    The relevant rules are in CPR Part 38 https://www.justice.gov.uk/courts/pr...l/rules/part38
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
    • 1 thank

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    • #3
      Originally posted by atticus View Post
      You may discontinue your counterclaim. Beware that you may risk an application that you pay the costs of defending the counterclaim.

      The relevant rules are in CPR Part 38 https://www.justice.gov.uk/courts/pr...l/rules/part38
      Hi Thanks for the reply! if I discontinue the counterclaim will it discontinue my defense also or will that stay in place? I cant seem to find online any clarification on this point.

      Comment

      • #4
        Sorry, you may discontinue your counterclaim only. See CPR Part 38, link provided earlier. Make it clear in your notice of discontinuance.

        Is this connected to your other thread?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

        • #5
          Originally posted by atticus View Post
          Sorry, you may discontinue your counterclaim only. See CPR Part 38, link provided earlier. Make it clear in your notice of discontinuance.

          Is this connected to your other thread?
          Hi Atticus ok thanks! Yes it is connected. Thanks

          Comment

          • #6
            I'm such a berk! Being an executor is like punishment!

            Comment

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