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Hi there, I attach the N244 application form, a template witness statement and draft order.
You need 3 copies to be sent to the court with a fee of £255 payable to HMCTS.
You should first write to the defendant to ask they discontinue their claim against you (due to suing the wrong defendant) and tell them if they do not do this after 7 days you will make the above application and seek your costs from them.
I hope this helps.
Whether you want to strike out a claim or a counter claim means the rules are the same though - CPR rule 24.4. So you need to apply to strike out the defence and counter claim due to no prospects of success
Yes, your application is to strike out their statement of case (the statement of case being firstly their defence and secondly their ill-conceived counter claim - which sounds hugely inflated to say the least)