The defendant and additional claims

Precedents

Defence and counterclaim (civil claim generic)

Defence and counterclaim (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...

15th Sep

Practice notes

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

Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaimThis Practice Note provides guidance...

15th Sep

Practice notes

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

Counterclaims and additional claims under CPR 20—initial considerations and permissionThis Practice Note sets out when and how a defendant may bring a...

15th Sep

Practice notes

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

Making an additional claim under CPR 20—contribution and indemnity claimsThis Practice Note provides guidance on the interpretation and application of...

15th Sep

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?

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

13th Sep

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?

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller...

13th Sep

Practice notes

Independent set-off and transaction set-off

Independent set-off and transaction set-offAlthough it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a...

9th Sep

Practice notes

Multiple tortfeasors—liability issues and contribution claims

Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...

Produced in partnership with Kate Temple-Mabe of 7BR 9th Sep

Q&As

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

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...

9th Sep

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?

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...

9th Sep

Q&As

If a third party is added to proceedings as a part 20 defendant by the original defendant, is the third party automatically added as a party or does the court have to make an order?

If a third party is added to proceedings as a part 20 defendant by the original defendant, is the third party automatically added as a party or does...

9th Sep

Q&As

Where A and B have entered into Contract 1 in respect of which A has recognised B’s complaint in performance but failed to remedy it, can B subsequently withhold payment claimed by A under Contract 2 on the basis of B’s complaint with regard to Contract 1? Contracts 1 and 2 are separate and unconnected.

Where A and B have entered into Contract 1 in respect of which A has recognised B’s complaint in performance but failed to remedy it, can B...

9th Sep

Q&As

Can you raise a time-barred counterclaim?

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...

Produced in partnership with Mr Tom Montagu-Smith, QC 9th Sep

Q&As

Is a judgment necessary in order to pursue a claim for contribution?

Is a judgment necessary in order to pursue a claim for contribution?Do you need a judgment to pursue a claim for a contribution?The fact that there...

9th Sep

Q&As

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

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep

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?

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...

9th Sep

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?

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...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 9th Sep

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?

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...

9th Sep

Q&As

Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?

Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?The general rule, set out in CPR 15.4(1)...

9th Sep

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