Counterclaim

A counterclaim is a claim brought by a defendant against the claimant within the same proceedings, usually filed with the defence. Under CPR Part 20, a defendant may counterclaim without requiring the court's permission if filed with the defence. If filed later, permission is required. The counterclaim is treated as a separate claim for procedural purposes.

In practice

Counterclaims are commonly used where the defendant asserts they are owed money by the claimant or have suffered loss as a result of the claimant's actions. If the counterclaim exceeds the original claim, the defendant may obtain a net money judgement in their favour. The court may order the claim and counterclaim to be tried together or separately depending on the issues.