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

[lomaximus1]

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

[atticus]

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

[lomaximus1]

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.

[atticus]

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?

[lomaximus1]

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

[lomaximus1]

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