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Counterclaim - am I the Defendant or Claimant please?

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  • Counterclaim - am I the Defendant or Claimant please?

    A quick question, but one I could find no guidance for.
    I'm providing a Defence to a Counterclaim, do I refer to myself in this defence as the Defendant or Claimant, given that I received this in response to a Claim I made as Claimant?
    Tags: None

  • #2
    You are the Claimant for the purposes of responding to the counterclaim. When drafting your defence to the counterclaim, you should set it out like the example defence on this forum (click here) and just change the heading 'Defence' to 'Defence to Counterclaim'.

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    • #3
      You should list yourself as Part 20 Claimant and the other side as Part 20 Defendant for the purpose of the counter claim
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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      • #4
        Originally posted by R0b View Post
        You are the Claimant for the purposes of responding to the counterclaim. When drafting your defence to the counterclaim, you should set it out like the example defence on this forum (click here) and just change the heading 'Defence' to 'Defence to Counterclaim'.
        Thank you Rob.

        Comment


        • #5
          Originally posted by jaguarsuk View Post
          You should list yourself as Part 20 Claimant and the other side as Part 20 Defendant for the purpose of the counter claim
          Jaguarsuk, thank you. I've just read the Practice Direction 20 guidelines which were useful. Would I not be the Part 20 Defendant for the purpose of the counterclaim raised by the Defendant to my original Claim though?

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          • #6
            Yes, apologies I thought you were bringing the counter claim. Yes if you are the Claimant on you claim then you are the Part 20 Defendant on any counter claim.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post
              Yes, apologies I thought you were bringing the counter claim. Yes if you are the Claimant on you claim then you are the Part 20 Defendant on any counter claim.
              I thought so Jaguarsuk, thanks for clarifying.

              Comment

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