Counterclaims And Other Statements Of Case

Question 1

Counterclaims by a D against a C

Answer 1

These are normally made at the same time as defence or else permission of the court is needed. CPR 20.4(2)

Will normally be held with the main claim.

If the court does not think the counterclaim should be heard with the main claim, it can order a strike out or hear it separately. CPR 3.1(2)(e)

Question 2

Set off

Answer 2

This may be a partial or complete defence to the main claim.

Question 3

Defence to the counterclaim

Answer 3

No AS is needed from the original C. However, a defence needs to be served within 14 days after the service of the counterclaim.

Question 4

Reply

Answer 4

A reply is an optional statement of case served by the C if they wish to allege facts in answer to the defence which were not included in the claim.

Should be filed with the directions questionnaire. Within 14 days

A reply must be verified by a statement of truth.