3.6 Statements of case - counter claims and others Flashcards
Which part of CPR deals with counter claims and other additional claims?
CPR 20
When does the defendant serve a counter claim?
CPR 20.4(2)
A defendant may make a counterclaim against a claimant—
(a)
without the court’s permission if he files it with his defence; or
(b)
at any other time with the court’s permission.
In what document should the defendant serve the counter claim?
15 PD 3.1
Where a defendant to a claim serves a counterclaim under Part 20, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.
Which rules govern the content of counter claims?
Generally, the same rules as particulars of claim (inc. CPR 16.4 and 16 PD 3).
CPR 20.3(1)
An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.
What is the effect of set off?
The facts of a counter claim may also give rise to a defence against the initial claim.
This has the effect of extinguishing the value of the initial claim up to the amount of the counter claim.
Must the claimant acknowledge service of the counter claim?
CPR 20.4(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.
When must the claimant serve a defence to counter claim?
[Just like with the initial claim…]
CPR 15.4(1)
(a)
14 days after service of the particulars of claim; or
(b)
if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
What must the defence to counter claim contain?
[The same as the initial defence.]
CPR 16.5
What is a reply?
CPR 15.8
A reply is an optional statement of case served by the claimant or counter claimant in response to the defence or defence to counter claim.
When must the claimant or counter claimant file its reply?
CPR 15.8(a)
[With its directions questionnaire.
Except…]
15 PD 3.2A
Where C’s directions questionnaire deadline is later than its defence to counterclaim deadline … the court will normally order that the defence to counterclaim and the reply be filed by the same date.
Otherwise the reply and defence to counterclaim may form separate documents.
When must the claimant or counter claimant serve its reply?
CPR 15.8(b)
If a claimant files a reply to the defence, the claimant must
(a)
file the reply with a directions questionnaire; and
(b)
serve the reply on the other parties at the same time as it is filed.
What must C do to show its reply is true?
CPR 22.1(1)
The following documents must be verified by a statement of truth –
(a)
a statement of case;
What if a party wishes to serve a further statement of case after the reply?
CPR 15.9
A party may not file or serve any statement of case after a reply without the permission of the court.
Tito v Waddell (No.2) [1977] Ch. 106; [1977] 3 All E.R. 129
Permission will only be granted in exceptional circumstances.
