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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4049
Experience:  Director and Principal Solicitor. UK
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We are a small building firm who have been forced to take a

Customer Question

Hi We are a small building firm who have been forced to take a client to the small claims court for non payment of a final installment. They have issued a counterclaim for a similar amount. We are very busy and estimate that the loss of earnings will outweigh the claim so now wish to cancel. If we do this can the client pursue their counterclaim? Many thanks
JA: Where are you? It matters because laws vary by location.
Customer: The case will be at Canterbury Court in Kent.
JA: What steps have you taken so far?
Customer: We applied to the small claims court and requested mediation but have just received a court date (no mediation) for 2 April.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think that's all.
Submitted: 7 months ago.
Category: Law
Expert:  SolicitorRM replied 7 months ago.

Hi thank you for your enquiry and your patience. Unfortunately withdrawing a claim does not automatically end a counterclaim. The client will have paid a counterclaim fee and as such they would want as a minimum their cost reimbursed. You could try and negotiate what is called a drop hands ending to the matter - in other words each party withdraws their claim and meet their own costs. The counterclaim will continue if the client thinks that they have a good claim - i would imagine they would have pursued you for breach or contract and/or professional negligence. You may consider offering to withdraw if they withdraw their counterclaim and present it as a commercial decision and not an admission of guilty and clearly state it is a without prejudice offer so that they do not add it to the court file.

I hope this helps and I would be grateful for your rating at your earliest convenience. All the best