When is the best time to Counterclaim?

[Brainmelt]

Hello

This question is linked to another thread, but not sure if this should be merged or can stand alone for ease for others with the same type of query?

If a claim has been received, but there are grounds to counterclaim

can you include your counterclaim arguments without making a formal counterclaim (which incurs a fee) as part of the defence?
or must a separate counterclaim be made and fee paid?

when is the latest time that you can state a counterclaim case. i.e if there are grounds for a counterclaim must this be done by the/or at least at the same date that the defence must be returned to the courts?

my apologies if this does not sound entirely clear - its been a long night for me due to providing support.


My thanks

[Brainmelt]

Hi to anyone that maybe reading this thread.

No response to my thread, but thankfully Jaguarsuk responded to Mrdjouk’s thread on a similar question on how to progress a counterclaim.

My thanks to both.

[2222]

In case it helps, a counterclaim is a claim that would stand in its own right and which you could pursue even if the claim against you is dropped. Often, you can simply include the same amount in your defence.

for example, A says you owe him £500, which you deny. But you claim he actually owes you £250. You can make the £250 part of your defence or issue a counterclaim for £250.

[Brainmelt]

Many thanks 2222

Do you have to state an amount in a counterclaim?
can you just state that you require damages?

[Amethyst]

If making a counterclaim you should enter it with your defence and you have to pay the appropriate Court fee. If you enter a Counter claim for an unspecified amount the court fee will be higher than if you issue a counterclaim for a specified amount you can see the court fees on form EX50. https://assets.publishing.service.go...1/ex50-eng.pdf