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.
Also in this section:
Cite This Work
To export a reference to this article please select a referencing stye below: