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Set-off – Cross-claim. The judge entered judgment for the defendant and ordered the claimant to pay its costs, in part on an indemnity basis. The claimant appealed against the costs order and the defendant appealed against the rejection of part of its counterclaim. The Court of Appeal, Civil Division, held that the judge had correctly rejected the defendant's counterclaim, as it had failed to plead, adduce evidence in support of and prove its set off and counterclaim. Further, the judge had been plainly wrong to make the costs order which he had and his order was unsustainable.
Set-off – Cross-claim. The judge entered judgment for the defendant and ordered the claimant to pay its costs, in part on an indemnity basis. The claimant appealed against the costs order and the defendant appealed against the rejection of part of its counterclaim. The Court of Appeal, Civil Division, held that the judge had correctly rejected the defendant's counterclaim, as it had failed to plead, adduce evidence in support of and prove its set off and counterclaim. Further, the judge had been plainly wrong to make the costs order which he had and his order was unsustainable.
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