Q&As

Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?

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Produced in partnership with David Willink of Lamb Chambers
Published on: 19 February 2018
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An ‘additional claim’ is any claim other than the claim brought by the claimant against the defendant: CPR 20.2(2)(a). A counterclaim is, therefore, a species of additional claim. (This is clear from the heading of CPR Part 20—Counterclaims and other additional claims.)

The principle is that, save for exceptions that are not relevant here, an additional claim is treated as if it were a claim for the purposes of the Civil Procedure Rules 1998 (CPR 20.3(1)).

The procedure and consequences for discontinuing a counterclaim are therefore essentially same as for discontinuing a claim.

Procedure

Given that a counterclaim is treated as claim, CPR Part 38 will also govern the discontinuance

David Willink
David Willink

Lamb Chambers

As a civil servant in the Lord Chancellor’s Department, now the Ministry of Justice, David gained extensive experience in government, including responsibility for civil law reform in the areas of contract, trusts and privacy & freedom of expression. He appeared before Select Committees in both Houses of Parliament, and represented the UK in Brussels, Luxembourg, Strasbourg and Salzburg. He was responsible for the defence of domestic libel law in Steel & Morris v United Kingdom [2005] ECHR 103 (‘McLibel’). He also held responsibility for advice on appointments to Queen's Counsel and senior judicial office.

At the Bar, he has maintained a broad civil practice, acting for claimants and defendants across the areas in which chambers practise. He accepts Direct Access instructions in appropriate cases. In addition, he has developed a practice in all aspects of ecclesiastical law, and is the Deputy Chancellor of the Dioceses of Salisbury and St Albans. He is also a Deputy District Judge.

He writes extensively, both for ÀÏ˾»úÎçÒ¹¸£Àû and for other print and online publications.

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Jurisdiction(s):
United Kingdom
Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are

Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?An ‘additional claim’ is any claim other than the claim brought by the claimant against the defendant: CPR 20.2(2)(a). A counterclaim is, therefore, a species of additional