The defendant and additional claims

Precedents

Defence and counterclaim (civil claim generic)

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

18th Jan

Practice notes

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Produced in partnership with Kate Temple-Mabe of 7BR 18th Jan

Practice notes

Independent set-off and transaction set-off

Although it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a matter of substantive law.This Practice...

18th Jan

Practice notes

Pleading set-off

As seen in the Practice Notes: What is set-off and when is it available? and Types of set-off there are different recognised 'types' of set-off,...

18th Jan

In-house

Practice notes

What is set-off and when is it available?

Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...

17th Jan

In-house

Practice notes

Types of set-off

There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...

17th Jan

In-house

Practice notes

Counterclaims and additional claims under CPR 20—initial considerations and permission

This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ (including a claim for a contribution or...

15th Jan

Practice notes

Making an additional claim under CPR 20—contribution and indemnity claims

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

15th Jan

Practice notes

Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaim

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

15th Jan

Q&As

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller seek a declaratory judgment for further proceedings for stock sold as well as damages for unsold stock?

We have assumed that the contract between A and B is a business-to-business contract.Initial claim between A and BB’s claim against A in respect of...

11th Jan

Q&As

Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an application to add a party to proceedings?

In accordance with the glossary to the CPR, a stay imposes a hold on proceedings. No procedural steps may be taken except for any steps allowed by the...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 8th Jan

Q&As

How do I serve a counterclaim on a second defendant who is out of the jurisdiction?

What is a counterclaim?Counterclaims and other additional claims are governed by CPR 20.A counterclaim is defined by CPR 20.2(1)(a) as a claim by a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Can a Part 20 defendant to an additional claim settle the main action with the claimant even though the Part 20 defendant is not a party to that claim? Can a Part 20 defendant to an additional claim obtain any costs protection by making an offer to settle to the claimant in the main action?

CPR 20.2(2)(a) defines an additional claim as any claim other than the claim by the claimant against the defendant and is distinguished from a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Can you raise a time-barred counterclaim?

The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA 1980). That provision has been described as...

Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan

Q&As

Where Party A has acknowledged a debt due to Party B, but is silent as to interest on the debt, can Party B seek to recover interest on the debt and at what rate?

Interest generallyWhere a sum of money is due from one party to another, whether interest is payable on repayment of the capital—and at what rate—will...

17th Dec

Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...

6th Dec

Q&As

If a party wishes to bring a counterclaim in a probate claim, where the force and validity of the Will are disputed, is an application required for this and is a fee payable? If a defendant to the counterclaim is not a party to the proceedings, is leave of the court required to bring the counterclaim and is an application required?

BackgroundThe purpose of Part 20 is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner (CPR...

28th Nov

Q&As

Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?

This Q&A uses the following scenario: A and B enter into a contract whereby A agrees to purchase a widget from B for a price of £1,000. B provides the...

28th Nov

Q&As

What court fee(s) are payable when a claimant in small claims track proceedings (claim value of £5,500) wants to issue a CPR 20 claim against a new party to the proceedings?

CPR 20 deals with counterclaims and additional claims and applies to:‘a) a counterclaim by a defendant against the claimant or against the claimant...

28th Nov

Q&As

What are the rules on counterclaims and pleading set-off where a defendant counterclaims for defective goods against a claimant seeking payment for the goods supplied? When does interest run from for defective products under the Late Payment of Commercial Debts (Interest) Act 1998

In this Q&A, it has been assumed that the question refers to pleading set off in a counterclaim. Furthermore, this Q&A has focussed on when and what...

28th Nov

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