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hi, I am the defendant in a case where the claimant discontinued their claim at the last minute. The judge allowed a hearing to continue as I raised a counterclaim but the claimant didn't provide a defence to my counterclaim and claimed mental health as the reason for not doing so. The Judge ordered that the claimant go away and provide a defence to the counterclaim.

 

I've received the defence to counterclaim and it contains costs from the claimant which were the same costs they put on their original claim that they discontinued. My question is can they transfer the costs from the discontinued claim and use them within their defence to counterclaim?

 

Any help much appreciated.

 

Tom

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Probably not but your story is pretty vague.

 

It would help if you gave better detail and also posted up the claim form, the defence and the counterclaim in PDF format


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