The following Dispute Resolution Q&A Produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:
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.
Given that a counterclaim is treated as claim, CPR Part 38 will also govern the discontinuance of a counte
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