The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ under CPR 20. For guidance on the contents, filing and service of the defence, see Practice Notes: Drafting the defence—formalities, Filing the defence, Serving the defence and Drafting the defence—drafting tips.
If your claim is in the Business and Property Courts, you should consider whether it would be appropriate to proceed under the capped costs list pilot scheme. This is a voluntary scheme which requires the agreement of all parties. It contains specific guidance on the preparation and service of counterclaims in the capped costs list. For guidance, see Practice Note: Business and Property Courts—Capped Costs List pilot scheme.
An ‘additional claim’ is ‘any claim other than the claim by the claimant against the defendant’.
Additional claims are dealt with under CPR 20, which provides that it applies to:
a counterclaim by a defendant against the claimant or against the claimant and some other person
an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy, and
where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party)
For information on bringing
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
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