There is excluded from articles 89G to 89M any activity carried on in circumstances where -
(a) a claim has been made by a person ("the claimant") against another person ("the defendant"); and
(b) the activity being carried on consists of the provision of a service to the defendant in connection with -
(i) the making of a counterclaim against the claimant arising out of the same set of facts as the claim referred to in sub-paragraph (a); or
(ii) the making of a claim against a third party (whether for contribution, as a subrogated claim, or otherwise) which is incidental to, or consequent on, the claim referred to in sub-paragraph (a).