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 counterclaim

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaim
  • What is an ‘additional claim’?
  • When can a counterclaim be made and is permission required?
  • Making a counterclaim against the claimant
  • Making a counterclaim against a new party
  • Particulars of the counterclaim
  • Responding to a counterclaim—the reply to defence and defence to counterclaim
  • Case management and counterclaims
  • Title of proceedings
  • Counterclaims and limitation
  • more

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

CPR 20 sets out the process whereby a party can bring an ‘additional claim’. An ‘additional claim’ includes a counterclaim. This Practice Note considers when a counterclaim can be made by a defendant against the claimant or a new party and how this is achieved. It also considers how to respond to a counterclaim (the defence to counterclaim and any reply to defence to counterclaim) and the impact of a counterclaim on case management.

For guidance on the factors to consider before making an additional claim, see Practice Note: Before making an additional claim under CPR 20.

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.

What is an ‘additional claim’?

An ‘additional claim’ includes a counterclaim. For information on the definition of ‘additional claims’