When you say "set off" do you mean a counterclaim?
Do you mean that she has changed her defence to try and get round
what the judge has said?
I think an application to strike out the new defence is
absolutely appropriate. If she thinks that she can do that, she is mistaken. Her
remedy, if she thinks the judge has made an error of law or fact, is to appeal.
She has had her chance at making a defence which obviously failed
and she cannot keep having stabs at it until such time as she wins.
The court will always consider what someone submits but there is
no guarantee therefore that it is going to work or even be accepted.
I think the only issue here is whether there is a counterclaim
because at this stage, you have won your claim and her defence has failed.
So, whilst the court may allow the counterclaim, it should reject
her rejigged defence.
I don't know why it was allocated to fast-track as opposed to
small claims track, in view of the amount of the claim