Defendant sent LBA for item in counterclaim that was thrown out by a judge

[pc52straw]

I'll keep this simple and vague, with apologies.

Claimant sought X, Defendant sought counterclaim for A, B, C. The entire claim was dismissed in the courtroom, with both parties being told they weren't getting X, A, B, or C. But the judgement letter doesn't specifically say which items were dismissed, and it doesn't say if that prevents them having another crack at the whip.

The Defendant's now sent letters threatening to sue for B.
What's the right way to respond to this if the judge has already thrown it out?

Thanks in advance

[atticus]

Say exactly that. If this claim was pleaded in the other party's statement of case, and if after a full hearing the other party's claim was dismissed, then that claim is 'res judicata'.

[pc52straw]

Thanks.

It was in a defendant's submission to the court (after their evidence in reply) which was then asked about during the hearing.
It wasn't even included in the original counterclaim, it is something that the defendant tried to tag onto what they were already counterclaiming for.

[atticus]

In that case please disregard my earlier reply. The claim has not been dealt with and can be pursued.

[pc52straw]

Thanks. I do wish judges would be more explicit when they write up their judgements though, especially when dealing with inexperienced LiPs; the party making the counterclaim was lawyerered up and would probably know that.

But the litigant in person who took them to court was left with the distinct impression in the hearing that this wasn't the case and the judge's decision was final.