Counterclaims

Question 1

what is a set off

Answer 1

where facts in the counterclaim amount to a defence in the main claim

Question 2

what form would a classic coutnerclaim take?

Answer 2

Take the form of ‘particulars of counterclaim’ (D and CC should form one doc)

Question 3

what is the purpose of a defence

Answer 3

to either respond to allegations or allow them to tell their side of the story

Question 4

what are additional parties called and in what order

Answer 4

called 3rd/4th/5th parties & in the order they were added to the claim

Question 5

what tactically could a D do if they feel it is likely for a C to add an additional party and why

Answer 5

Wait: as if the D adds the party they will incur a fee. Claimant can add for less costs

Question 6

what are the consequences of refusal by the defendant to answer one or more of the requests

Requests for further information