1161
In forceDiscontinuance or withdrawal of counterclaim by defendant
Chapter 2Civil proceedings generally
Part 2.11Resolving proceedings early
Division 2.11.6Discontinuance and withdrawal
1161 Discontinuance or withdrawal of counterclaim by defendant
A defendant may discontinue a counterclaim, or withdraw part of it—
(a)
before being served with the plaintiff’s answer to the counterclaim; or
(b)
after being served with the plaintiff’s answer to the counterclaim—only with the court’s leave or the agreement of the other active parties.
Note
Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
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