11.4 The Counterclaim

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Under CPR Rule 20, a defendant may make a counterclaim against a claimant.

This is done by filing particulars of the counterclaim with the defence.

Alternatively, a defendant may file a counterclaim at another time as long as the Court grants them permission to do so.

Court fees are payable and a counterclaim can be struck out automatically if these are not paid in time.

A counterclaim can be based on the same set of facts in the Particulars of Claim but involves the Defendant asserting that in fact it is he who has a claim against the Claimant.

The counterclaim could in fact be the basis of a separate claim but is raised in this way in order to save both time and money.

A counterclaim can also involve a third party who it is alleged was in fact to blame. If this is the case, the Defendant must request with an indemnity or contribution from the third party.

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