11.4 The Counterclaim
Our experts have prepared these LPC notes on the contents of the counterclaim for you. If you would like one of our LPC-qualified experts to prepare a fully custom essay or an LPC coursework assignment for you, click here to place your order. Our LPC-qualified team can also draft clauses and contracts for you.
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.
