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COSTS OF COUNTERCLAIMS IN FAST TRACK TRIAL COSTS

Where a defendant makes a counterclaim and the claimant is unsuccessful on his claim, but the defendant is successful on his counterclaim, as a counterclaim is treated as if it were a claim,61 if the court awards the defendant costs it is likely to calculate the amount of fast track trial costs by reference to the value of the counterclaim as if it were a claim. However, if the claimant put the value of the claim at a higher amount than the counterclaim, the court may decide to assess the fast track trial costs in accordance with the value of the claimant’s claim under the rules referred to above which apply where a defendant is to be awarded costs.