Q&As

What are the options available to a Judge at trial where a Defence to Counterclaim was filed out of time (by 21 days) without consent or permission from the Court and no retrospective application has been made to the Court for an extension of time to file the Defence to Counterclaim?

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Produced in partnership with James Tunley of Lamb Chambers

Published on: 23 July 2024

Responding to a counterclaim

The procedure for filing a defence to a counterclaim is almost the same as with defending a claim. CPR 20.4(2) states: '(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3)'. It should be noted that the rules relating to acknowledgement of service do not apply (CPR 20.4(3)).

A claimant who wishes to defend a counterclaim must therefore file a defence (CPR 15.2). Failure to do so could result in judgment being entered in default (CPR 20.3(3) & CPR 12).

The time for filing a defence to a counterclaim is 14 days after service of the defence (CPR 15.4(1)(a)). By virtue of CPR 15.5(1), time can be extended by up

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James Tunley

Lamb Chambers

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.