How to issue a counterclaim

Counterclaim may be issued by Defendant together with his defence:

Making a counterclaim

15.7  Part 20 applies to a defendant who wishes to make a counterclaim.

CPR 20 explain process if issuing counterclaim against claimant, additional claims, form of counterclaim and so on. Generally, rules for counterclaim are similar to drafting particulars of small claim.

Defendant may issue counterclaim against claimant (or against claimant and third party) together with filing defence form N9B. There are no need to get permission to the court to start counterclaim unless it was done after filing defence. Information about how to make counterclaim is explained in CPR 20:

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

(b) at any other time with the court’s permission.

Normally defence and counterclaim should form one document and to be filed and served at the same day.

How claimant must reply on counterclaim?

According CPR 15.8 claimant must send allocation questionnaire within 14. But the date by which he should reply to the counterclaim could be more then 14 days. In this case direction questionnaire and defence to counterclaim could be sent separately unless the court order that defence to counterclaim must be filed by the same date as the reply.

Practice direction CPR 20:

Form of counterclaim

6.1  Where a defendant to a claim serves a counterclaim, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.

6.2  Where a claimant serves a reply and a defence to counterclaim, the reply and the defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.

How to prepare counterclaim with defence?

  1. Title of counterclaim should be “Defence and Counterclaim”
  2. The name of Claimant and Defendant for counterclaim should be consistent through the statement.  The defendant become a claimant in counterclaim and defendant of counterclaim is the claimant of the initial small claim case.
  3. In the counterclaim should be included section of the allegations against Claimant. Accurate fact should be specified correctly and concisely.
  4. Counterclaim must be plead any claim for damages, losses, and will be accompanied  by a separate schedule of this damages/losses and etc.
  5. Counterclaim must include any claim of interest
  6. Counterclaim must include a statement of truth as well as particulars of claim and defence according CPR 22. The wording of the Statement of Truth is as follows: “I believe that the facts stated in this [Particulars of Claim/Defence etc] are true”.

Counterclaim against third party

Defendant may admit small claim but issue counterclaim against third party. Such situation is likelihood when third party is owed money to the defendant. At first, defendant would have to seek remedy from third party and then fulfills an obligation to the claimant.

 In this case defendant should ask to court permission to start additional claim, CPR 20.5:

Counterclaim against a person other than the claimant


(1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.

(2) An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.

Counterclaim court form and fee

To file counterclaim it is need to complete and file from N211.

Court fee to start counterclaim is the same as issuing small claim.

Form N213 Acknowledgment of Service is used to reply on counterclaim

Application for permission for the additional claim is filed with form N244.

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