County Court Claim - Notice of discontinuance - Counterclaim Question

[fullhouse50]

Dear All,

 

I have a scenario here I would like to get your views on.

 

Suppose in a county court X makes a claim against Y and in turn Y makes a counterclaim against X under Reference Z (I am assuming counter claims are under the same reference number)

 

X now wishes to discontinue the claim against Y

 

My question is simply, will the entire claim then discontinued under Reference Z including the counter claim

If Z wishes to pursue the counter claim, will he need to file a new claim in the county court?

X will be liable for Y costs - would there need to be a small claim made by Z to recover the costs?

 

Many thanks

[AndyOrch]

No you can still proceed with the counter claim and object to the discontinuance.

 

Even with their discontinuance you can still proceed with your counter claim alone

 

Andy

[fullhouse50]

No you can still proceed with the counter claim and object to the discontinuance.

 

Even with their discontinuance you can still proceed with your counter claim alone

 

Andy

 

Having a read could this only occur due to a dispute of costs ?

[BankFodder]

Having a read could this only occur due to a dispute of costs ?

if you have read some source, it would be helpful if you would let us know what it is and link us to it so that we can see it for ourselves and maybe correct what we have to say.

[fullhouse50]

I apologise I tried to link but as a new member I couldn't insert the link to my post.

 

Its part 38 of CPR.

[AndyOrch]

I think you are referring to CPR 38.5 ( 3 )

 

(3) However, this does not affect proceedings to deal with any question of costs.

 

Liability for costs CPR 38.6

 

(3) This rule does not apply to claims allocated to the small claims track.

 

Without further details of your counter claim and what you consider to be a viable counterclaim its impossible to answer your question.

 

andy