DR - Counterclaims

Question 1

What is a ‘Reply’?

Answer 1

• optional statement of case served by C
• filed with directions questionnaire in the form of ‘Reply and Defence to Counterclaim’
• facts not included in C’s claim form
• last statement of case - permission needed to file one after this

Question 2

What is a counterclaim?

Answer 2

Establishes duty, breach, causation and loss against C
May or may not be related to original case

Question 3

What is the defence of ‘set-off’?

Answer 3

the facts that give rise to a counterclaim may also amount to a defence in the main claim
Can be a partial or complete defence to main claim
Has effect of extinguishing any claim up to same amount against D

Question 4

How can a C respond to a counterclaim?

Answer 4

By admitting or defending (just like the defence to the original claim)

Question 5

How long does a C have to serve defence to a counterclaim?

Answer 5

14 days of service of counterclaim

Question 6

When is a counterclaim made?

Answer 6

Single doc with defence following on from the defence ‘Defence and Counterclaim’ and pay a fee