Counterclaims and Other Possible Statements of Case Flashcards
What are the possible statements of case that might be served after the initial response of the D (i.e. acknowledging service, admitting / defending claim?)
1) Counterclaim
2) Defence to counterclaim
3) Response to defence called Reply
When is permission for a counterclaim needed?
If a counterclaim is made after the defence has been filed
When is a counterclaim usually made?
In response to a claim
Is a claim and counterclaim the same case?
Yes, dealt with in the same proceedings and claim number
Can a counterclaim be filed as a separate entire claim?
Yes, but not common
What must be established in a counterclaim?
Same as a claim – Duty, Breach, Causation, Loss
What type of document is a counterclaim?
It is basically a particulars of claim
Is a court fee applicable for counterclaim?
Yes
What might a counterclaim amount to in relation to the main claim?
It might just amount to a defence
What is a set off?
Has the effect of extinguishing claim up to the same amount against the D
Think of this. C sues D for £20k. D counterclaims C for £10k. What happens if both win?
The £10k is set off, and D is only to pay the remaining £10k.
Does set off apply to damages?
No, only to debts
Where is set off requested?
Will usually be set out in the defence part of Defence and Counterclaim
What are the Claimant’s options in response to a counterclaim?
Admitted or defended
How long does a C have for serving defence to counterclaim?
Within 14 days of service of counterclaim
Can a C file acknowledgement of service to counterclaim?
No requirement to do so
What is the form of a defence to a counterclaim?
Just like a standard defence
What is a reply?
An optional statement of case served by C if they wish to allege facts in answer to defence not included in the claim
When is a reply to be filed?
With the directions questionnaire
What is a directions questionnaire? Who files it? When?
A case management document which court directs both parties to file after a claim is defended
How long do parties have to file directions questionnaire?
They are given at least 14 days’ notice of deadline
What must a reply end with?
A statement of truth
What is the last statement of case?
Usually the reply, unless court grants permission
