Defence and Counterclaim Template

[MrsMEC]

I appreciate that every case is different, but I'm just wondering if there is a template out there that would assist me in writing my defence and counterclaim for a consumer claim for financial loss due to poor workmanship. I've set out the storyboard (as I call it) of events and now want to bring that into the correct format and reference it to the Pre Action Letter and Claim (which are both completely different by the way). Sorry for being vague - I don't really want to publish too much on here. Happy to pay someone for their time if they can assist and want to PM me.

[echat11]

The following has got a good structure, so should help draft your Defence and Counterclaim (I know it's HK).

https://rcul.judiciary.hk/rc/downloa...n_19032009.doc

[Pezza54]

That's a useful document to use as a template to be amended for a defence and counterclaim

Probably jumping the gun. If the combined value of the claim and counterclaim is over £10k it may still be allocated to the small claims track

PD 26 Para 15 (5) Claim value may be over £10k for small claims track provided the court time is no more than 1 day

Both the claimant and defendant should request the small claims track and ensure their view of the required court time does not exceed 1 day (7 hours?) on their directions questionnaire

[pc52straw]

Out of curiousity, if doing this with an N95B when a claim is raised by OCMC,

Does there need to be a stated cause of action for the counterclaim?
What's the correct response to put into the online portal for the response to claim, given you can't file a counterclaim through it (yet)?

Just thinking, this could be quite a handy reference thread as OCMC evolves.

[Pezza54]

If you mean form N9B and MCOL?

Please read Practice Direction 7C Money Claim Online

The defendant is already able to file and serve their defence and counterclaim online (provided they are filed at the same time)

This is covered by 7.1A (4)

The courts email address is provided

Both claimant and defendant should be aware that space (lines and characters) is limited for the PoC and Defence and Counterclaim on the online forms

[pc52straw]

Oh, is it active (properly) in the digital system now? Isn't there a recent thread on here for someone who's doing a counterclaim by form and they had to email it to the service because the functionality WASN'T there yet?

Either way, the questions are valid - does a counterclaim need to have a specifically worded COA somewhere in it (I know from other threads you can't use stuff like defamation for example) or does the court infer it from what you're describing.

[MrsMEC]

If you mean form N9B and MCOL?

Please read Practice Direction 7C Money Claim Online

The defendant is already able to file and serve their defence and counterclaim online (provided they are filed at the same time)

This is covered by 7.1A (4)

The courts email address is provided

Both claimant and defendant should be aware that space (lines and characters) is limited for the PoC and Defence and Counterclaim on the online forms

Bit naive with this, but if you were to submit (email) a separate Defence/Counterclaim document, what do you write on the actual Defence and Counterclaim sections of the N9Bform on MCOL, in the limited space provided? For example "Please see separate document" seems a bit basic. On the Claim I received there is a one paragraph statement stating the Claimant claims damages and quoting the consumer legislation. No mention/cross reference of the separate Claim document, received directly from the Claimant in the post.

[atticus]

Often "a bit basic" is good. Remember KISS.

[Pezza54]

All the questions asked are answered in MCOL Guidance and PD 7C
The defence and counterclaim should be one document, although there is a separate section in N9B for a counterclaim if the defendant wants to file and serve one.
Full details of the Defence and Counterclaim should be filed with the court and served on the claimant. If there is insufficient space on the form the defendant should add additional typed pages (each page marked with the case number) and attached to an email
The court does not require full details of the PoC The claimant should send this document to the allocated court within 5 days of receipt of the notice of allocation

[Pezza54]

No mention/cross reference of the separate Claim document, received directly from the Claimant in the post.

When the claimant serves the full PoC on the defendant, the claimant must file a Certificate of Service (N215). See cpr 6.29
It is worth checking that the claimant filed this form