Court papers SIP/ Gladstone “failure to display”

[Deleted User]

Explanatory note
The claimant PPC is, by reason of your counterclaim also a defendant - aka a "part 20 defendant".

You are a defendant, but are, by reason of the counterclaim also a claimant - yep, a "part 20 claimant."

The original claim by the PPC is struck out since the court assume that if they can't be bothered to pay a court fee for trial they can't want to continue. Simple.

The court cannot strike out your case without giving you the same choice. If there ain't gonna be a hearing because the PPCs case is done, it will only be your part 20 claim that causes this to go to trial. In such circumstances, it is perfectly reasonable to expect you to pay the hearing fee like any other claimant.

Merits
As you yourself have remarked the counterclaim is basically just a claim for costs - most of which won't be incurred if there is no hearing. If you compel the claimant/part 20 defendant to attend court you risk losing on the basis that it will be pointed out that the costs of the counterclaim had mostly not been incurred when the substantive claim was struck out and you, in essence, crystallised them.

If it were me (and I appreciate it's not) I'd lodge a notice of discontinuance and cut my losses.

In my view the £25 youve paid to HMCTS is money better spent than it would be paid to the PPC. Obviously, how to proceed is for you to weigh up, so think about it before taking action, but act promptly and in accordance with any deadlines from the court.

Umkomaas

Nicely boxed off for the OP, Johnersh.

Bucko78

Thanks all for your responses..

I now understand exactly where your all coming from..

Yes the counterclaim I filed was from my poor understanding of what they are actually served for..
I since realise I have no valid grounds for a counterclaim - (even if the case was still ongoing) , so my dealings with the ppc are done..
yes I wasted 25 pounds for filing it but it!!!8217;s not gone to the ppc which was my main objective.

I will contact the court tomorrow and express my wishes to discontinue with my counterclaim.
I!!!8217;m presuming that this will be the end of it then, so hopefully I can put this episode to bed.

I just want to thank you all for your input and valued assistance..you all do an amazing job at keeping us all well informed and ahead of the game.