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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Do I need to file a defence counterclaim against me that

Customer Question

Do I need to file a defence for a counterclaim against me that has been struck out due to them paying the fee late
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today. If the counterclaim has been struck out there is no requirement for your to respond to it.
Expert:  Alice H replied 2 years ago.

I have looked more closely at the Civil Procedure Rules, Rule 3 - the courts case management powers and also the power to strike out a counterclaim for non-payment of fees. It is right to say that once the counterclaim has been struck out it is as though that issue was no before the court so there is no need for you to reply to it or file a defence. The defendant could apply to reinstate the counterclaim but until then there is nothing more for you to do.