Defence to Counterclaim

[cohen27]

Dear Colleagues,

I’ve started a claim in the County Court and the Defendant has responded with a defence and counterclaim in the same document.
Under the heading of ‘Counterclaim’ the Defendant has stated:

’28. Paragraphs 1 to 27 are repeated’ (which is the Defendants defence).

29. ( Sets out actual counterclaim by Defendant)’.

What I want to ask is:

1) I know I am not obligated to respond to the defence, but if the defence is being repeated in the counterclaim (Para 28), am I obligated to respond to Paragraphs 1 to 27?.

Thanks.

[atticus]

If it is necessary to do this in order to respond to the counterclaim, yes.

[cohen27]

The counterclaim is about the boundary, which I have responded to by denying the counter-claim and repeating the defence in the original particulars of claim.
The majority of the Defendants defence is in regards to trespass and harassment.

[JK2054]

Hi,

Its quite hard to see what your claim is actually about, but without further info I'd recommend looking at the CPR for responding to a counterclaim.