Counter claims

Counterclaim

Separate claim by defendant against claimant within same proceedings

Timing of counterclaim

Usually filed with defence; later filing requires court permission (CPR 20.4(2))

Case number (counterclaim)

Uses same claim number as main claim

Cause of action (counterclaim)

Must show duty, breach, causation, loss

Relationship to main claim

Can be related or unrelated

Capacity requirement

Parties must sue/be sued in same capacity as main claim

Court control (counterclaim)

Court may strike out or order separate trial (CPR 3.4, 3.1(2)(e))

Defence and Counterclaim document

Single document if filed together (CPR 15.7)

Nature of counterclaim

Equivalent to particulars of claim

Content requirements

Must comply with CPR 16.4 and PD 16

Court fee (counterclaim)

Fee payable on filing

Set-off

Using counterclaim facts as defence to reduce/extinguish claim

Effect of set-off

Reduces claimant’s recovery by amount owed to defendant

Partial vs complete set-off

Can reduce or fully extinguish claim

Mutual debts set-off

Applies to debts owed both ways (not damages)

Statutory set-off (SGA 1979 s.53(1))

Buyer may set off breach of implied terms

Defective services set-off

Damages set off against price claim

Equitable set-off

Allowed where claims closely connected and injustice otherwise

Pleading set-off

Included in defence section (CPR 16.6)

Position of set-off pleading

Usually last paragraph before counterclaim

Defence to counterclaim

Claimant’s response to counterclaim

Timing (defence to counterclaim)

14 days from service

Acknowledgment requirement

No need to acknowledge service

Failure to respond

Risk of default judgment (CPR 12.3(2)(b))

Form (defence to counterclaim)

Same as normal defence (CPR 16.5)

Reply

Optional response to defence raising new facts

Purpose of reply

Address new issues not in particulars of claim

Timing (reply)

Usually with Directions Questionnaire

Statement of truth (reply)

Required (CPR 22.1)

Combined document

Reply + defence to counterclaim allowed

Last statement of case

Reply usually final (CPR 15.9)

Further statements

Require court permission

Additional claim

Any claim other than original claim (CPR 20)

Classic counterclaim type

Defendant vs claimant

Counterclaim vs claimant + another

Against claimant and third party (CPR 20.5)

Contribution claim

Recover part of liability from another

Indemnity claim

Recover full liability from another

Additional claim by joined party

Permitted under CPR 20.2

Treatment of additional claims

Treated as normal claims (CPR 20.3)

Response requirement

Must file defence (CPR 15.2)

Failure to respond (additional claim)

Deemed admission (CPR 20.11)

Counterclaim against third party

Requires permission (CPR 20.5)

Requirement (third party counterclaim)

Must involve claimant and third party jointly

Joinder requirement

Third party must be added if not already party

Connection requirement

Must relate to same facts/issues

Contribution from existing party

CPR 20.6

Timing (existing party contribution)

No permission if with defence or within 28 days

Procedure (existing party)

Serve contribution notice

Contribution from new party

CPR 20.7

Purpose (third party claim)

Shift liability to non-party

Legal basis

Contract, tort, or statute

Other additional claims

Between defendant and third party only

Dependency

Often depends on outcome of main claim

Purpose

Protect defendant from liability caused by others

Permission (classic counterclaim)

Not required if with defence; required otherwise

Permission (counterclaim vs third party)

Always required

Permission (existing party contribution)

No if timely; yes otherwise

Permission (other additional claims)

No if before/with defence; yes otherwise

Effect of service (additional claim)

New party becomes party to proceedings (CPR 20.10)

Service on new party

Must include response pack and statements of case

Service on existing parties

Copy must be served on all

Case management (additional claims)

Court may combine or separate claims

Objective

Save cost, avoid duplication, prevent inconsistent judgments

Key test (case management)

Substantial connection to main claim

Case management hearing

May occur after defence (CPR 20.13)

Court powers (hearing)

Summary judgment, dismissal, directions

Title of proceedings

Original parties retain titles

New party naming

Third Party, Fourth Party, etc.

Default judgment (counterclaim)

Available if no defence

Default judgment (contribution/indemnity)

Generally not available; deemed admission applies