Counterclaims

Question 1

What are the requirements for the form of a counterclaim?

Answer 1

The form of a counterclaim must comply with the rules on particulars of claim, and a court fee will be payable upon filing.

Question 2

What is the legal basis for set off?

Answer 2

The legal basis for set off allows the defendant to set off their judgment in a counterclaim against the claimant’s judgment in the substantive claim, up to the same amount.

Question 3

What is the requirement for filing a defence to a counterclaim?

Answer 3

A defence to a counterclaim must be filed within 14 days of service of the counterclaim, and failure to do so may result in a default judgment.

Question 4

Is a defence to a counterclaim similar to a normal defence?

Answer 4

A defence to a counterclaim is similar to a normal defence and must comply with the relevant rules and provisions.

Question 5

What is a reply in a legal claim?

Answer 5

A reply is an optional statement of case served by the claimant to allege facts in answer to the defence that were not included in the claim.

Question 6

Can a reply and defence to counterclaim be combined in one document?

Answer 6

Yes, the reply and defence to counterclaim may be combined in one document.

Question 7

What is the last statement of case in a claim, and what is the requirement for filing any statement of case after that?

Answer 7

The reply should be the last statement of case in a claim, and permission of the court is needed to file any statement of case after the reply.