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The Counterclaim | LPC Help

418 words (2 pages) LPC Help Guide

1st Jun 2020 LPC Help Guide Reference this In-house law team

Jurisdiction / Tag(s): UK Law

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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Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

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