Q&As

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

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 24/06/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • How do I serve a counterclaim on a second defendant who is out of the jurisdiction?
  • What is a counterclaim?
  • Serving an additional claim
  • Does CPR 6.38 apply?

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 defendant against the claimant or against the claimant and some other person.

An additional claim, is separately defined in CPR 20.2(1)(b) as, a claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy.

Where the rules refer to an ‘additional claim’ this means any claim other than the claim by the claimant against the defendant, and unless the context requires otherwise, references to a claimant or a defendant includes a party bringing or de

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